Explanatory Note
(This note is not part of the Regulations)
These Regulations revoke and re-enact, with amendments, the Plant Breeders' Rights (Fees) Regulations 1987, as amended. They prescribe fees in respect of various matters relating to plant breeders' rights arising under the Plant Varieties and Seeds Act 1964 or the Plant Breeders' Rights Regulations 1978, as amended (regulation 3 and Schedule). The fees are payable to the Controller of Plant Variety Rights.
Subject to exceptions, there is an increase in fees payable in respect of tests or examination of a plant variety (regulation 3(1)(b) and Part II of Schedule), the continued exercise of plant breeders' rights in a plant variety (regulation 3(1)(c) and Part III of Schedule) and various miscellaneous matters (regulation 3(1)(d) and Part IV of Schedule) except that fees are no longer payable in respect of certain minor miscellaneous matters such as an application to amend a document or for an extension of time.
In the case of fees payable on an application for a grant of plant breeders' rights (regulation 3(1)(a) and Part I of Schedule) the fees payable in respect of most plant varieties have been reduced although some have been increased. The old fees are shown in the Schedule in italics.