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The Plant Breeders' Rights (Farm Saved Seed) (Specified Information) Regulations 1998
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- UK Statutory Instruments
- 1998 No. 1026
- Regulation 3
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Information to be supplied by farmerU.K.
3.—(1) On the request of a relevant rights holder, a farmer shall supply the following information—
(a)the name and address of the farmer;
(b)whether the farmer has performed a relevant activity in respect of seed of the variety in which the relevant rights holder has plant breeders' rights; and
(c)the address of the holding on which the farmer has performed such a relevant activity.
(2) If the farmer has performed such a relevant activity, he shall also supply the following information with the information referred to in paragraph (1)—
(a)whether section 9(3) (liability to pay equitable remuneration) does not apply to him by virtue of section 9(4) (small farmer exemption), or
(b)whether section 9(3) does not apply to him by virtue of section 9(5) (prior use exemption), or
(c)whether section 9(3) does apply to him.
(3)If section 9(3) does not apply to the farmer by virtue of section 9(5) he shall also supply the following information with the information referred to in paragraph (1)—
(a)the date on which he first performed the relevant activity; and
(b)the information referred to in paragraph (5).
(4) If section 9(3) does apply to the farmer he shall also supply the information referred to in paragraph (5) with the information referred to in paragraph (1).
(5) The information for the purposes of paragraph (3)(b) and (4) is—
(a)the amount of farm saved seed used;
(b)whether the farm saved seed has been processed for planting; and
(c)if the farm saved seed has been processed for planting, the name and address of the person who carried out the processing.
(6) If the farmer has informed the relevant rights holder that section 9(3) does not apply to him by virtue of section 9(5) or that section 9(3) does apply to him, the farmer shall supply the following information on the request of the relevant rights holder—
(a)whether the farmer used any seed of the same variety with the authority of the relevant rights holder within the same seed year; and
(b)if the farmer used seed of the same variety with the authority of the relevant rights holder within the same seed year—
(i)the amount used; and
(ii)the name and address of the person who supplied it.
[F1(7) In this regulation, a person who is the owner of a holding may be treated by the relevant rights holder as the farmer.
(8) If the owner of the holding is not the farmer, the owner must supply the relevant rights holder with the name and address of the person who is the farmer.]
Textual Amendments
F1Reg. 3(7)(8) inserted (31.12.2020) by The Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/204), regs. 1(1), 16(2); 2020 c. 1, Sch. 5 para. 1(1)
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