11.—(1) Without prejudice to paragraph (2), no supplier shall market propagating material with reference to a variety unless–
(a)it is the subject of F1... plant variety rights under any jurisdiction; or
(b)the existence of that variety is a matter of common knowledge as defined in section 38 of the Plant Varieties Act 1997 F2; or
(c)that variety is entered on a list kept by a supplier which includes:
(i)the name of the variety together with its commonly known synonyms, where appropriate;
(ii)information as to how the varietal identity and purity of the variety is being maintained and as to the propagation system used;
(iii)a description of the variety which shall include, where appropriate, the characteristics of the variety which would be relevant for the purpose of an application for a [F3plant breeders' right in respect of the variety under the Plant Varieties Act 1997];
(iv)an explanation of how the variety differs from other varieties most closely resembling it.
(2) Sub-paragraphs (c)(ii) and (c)(iv) of paragraph (1) above shall not apply to a supplier engaged only in the marketing of propagating material.
(3) The list referred to at paragraph (1)(c) above shall be made available to the Minister on request.
(4) Where a supplier markets propagating material with reference to the group of plants to which it belongs, the supplier shall indicate the group of plants in such a way as to avoid confusion with any varietal denomination.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1Words in reg. 11(1)(a) omitted (E.W.) (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 5(6)(a) (as amended by S.I. 2020/1388, regs. 1(2)(a), 29(3)(d)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 11(1)(c)(iii) substituted (E.W.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 5(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
11.—(1) Without prejudice to paragraph (2), no supplier shall market propagating material with reference to a variety unless–
(a)it is the subject of [F4UK] plant variety rights under any jurisdiction; or
(b)the existence of that variety is a matter of common knowledge as defined in section 38 of the Plant Varieties Act 1997 F5; or
(c)that variety is entered on a list kept by a supplier which includes:
(i)the name of the variety together with its commonly known synonyms, where appropriate;
(ii)information as to how the varietal identity and purity of the variety is being maintained and as to the propagation system used;
(iii)a description of the variety which shall include, where appropriate, the characteristics of the variety which would be relevant for the purpose of an application for a [F6plant breeders' right in respect of the variety under the Plant Varieties Act 1997];
(iv)an explanation of how the variety differs from other varieties most closely resembling it.
(2) Sub-paragraphs (c)(ii) and (c)(iv) of paragraph (1) above shall not apply to a supplier engaged only in the marketing of propagating material.
(3) The list referred to at paragraph (1)(c) above shall be made available to the Minister on request.
(4) Where a supplier markets propagating material with reference to the group of plants to which it belongs, the supplier shall indicate the group of plants in such a way as to avoid confusion with any varietal denomination.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F4Word in reg. 11(1)(a) substituted (S.) (31.12.2020) by S.S.I. 2019/59, reg. 11(6)(a) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 12(5))
F6Words in reg. 11(1)(c)(iii) substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 11(6)(b); 2020 c. 1, Sch. 5 para. 1(1)