The Plant Breeders' Rights (Fees) Regulations 1990

Renewal Fees

4.—(1) The renewal fee shall be paid only by the holder of the plant breeders' rights or by a person acting on his behalf, being either an agent duly authorised in accordance with regulation 16 of the principal Regulations or a person who shall deliver to the Controller with the fee an authority in writing to pay the same, signed by the holder of the rights and if any such fee is tendered or paid otherwise than in accordance with this paragraph, the liability to pay the same shall not be regarded as having been thereby discharged.

(2) In a case where the period for which any plant breeders' rights are exercisable has been terminated in accordance with the principal Regulations on the ground that a renewal fee has not been paid, there shall only be recoverable by the Controller such a proportion of that fee as the period during which those rights have continued to be enjoyed since the date the fee became payable bears to the period of 12 months.

(3) Notwithstanding regulation 3 above and paragraph (2) of this regulation, in a case where the period for which any plant breeders' rights are exercisable has been terminated in accordance with the principal Regulations on the ground that a renewal fee has not been paid and–

(a) the person entitled to exercise those rights has, not later than fourteen days before the date when that fee became payable, informed the Controller that he did not propose to exercise any of those rights at any time after that date, and

(b) that person has not exercised any of the rights during the period beginning with the date from when the fee became payable and ending with the date when the period for which the rights are exercisable was terminated,

the Controller shall not be entitled to recover from such person, by any legal proceedings or otherwise, the fee or any part of it.