Description of propagating materialE+W

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

Description of propagating materialS

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