The Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2019

PART 4 U.K. Unresolved applications on [F1 IP completion day]

Textual Amendments

F1 Words in Pt. 4 heading substituted (31.12.2020 immediately before IP completion day) by The Plant Breeders Rights (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/769), regs. 1(2)(b), 2(2)

Unresolved applications U.K.

9.—(1) On [F2 IP completion day], a person has an “unresolved application” for the purposes of this Part if—

(a) before [F2 IP completion day] the person (whether alone or with others) had made an application for a Community plant variety right under the Council Regulation; and

(b) immediately before [F2 IP completion day] that application is unresolved.

(2) An application is unresolved for the purposes of paragraph (1)(b) if—

(a) no decision in relation to it has been made under Article 61 or 62 of the Council Regulation;

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Words in reg. 9(1) substituted (31.12.2020 immediately before IP completion day) by The Plant Breeders Rights (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/769), regs. 1(2)(b), 2(2)

F3 Reg. 9(2)(b)(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Plant Breeders Rights (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/769), regs. 1(2)(b), 2(7)

F4 Reg. 9(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Plant Breeders Rights (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/769), regs. 1(2)(b), 2(7)

Commencement Information

I1 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1))

Right to apply for a plant breeders' right U.K.

10.—(1) A person who has an unresolved application may apply for plant breeders' rights under the 1997 Act in relation to the variety to which the unresolved application relates.

[F5 (2) If an application under paragraph (1) is made within the period of 6 months beginning with IP completion day, regulations 11 and 12 apply.]

(3) An application under paragraph (1) must contain a statement—

(a) that it is made by, or with the consent of, the person who made the unresolved application; and

(b) that it relates to the same variety as the unresolved application.

(4) Subject to the provisions of regulations 11 [F6 and 12], such an application is to be treated as if it were an application under section 3 of the 1997 Act (grant of plant breeders' rights on application).

Textual Amendments

F5 Reg. 10(2) substituted (31.12.2020 immediately before IP completion day) by The Plant Breeders Rights (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/769), regs. 1(2)(b), 2(8)(a)

F6 Words in reg. 10(4) substituted (31.12.2020 immediately before IP completion day) by The Plant Breeders Rights (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/769), regs. 1(2)(b), 2(8)(b)

Commencement Information

I2 Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1))

Effect of an application under regulation 10 [F7 (1) and (2)] : priority U.K.

11.—(1)  [F8 Where the condition in regulation 10(2) is met,] an application under [F9 regulation 10(1)] is to be treated for the purposes of paragraph 5 of Schedule 2 to the 1997 Act (priorities between applicants) as if it were made, not on the date on which it is in fact made, but on the earlier date specified in paragraph (4).

F10 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11 (4) The earlier date is the date of priority claimed in the unresolved application or, where no date of priority is claimed, the date of the unresolved application for the purposes of Article 51 of the Council Regulation.]

Textual Amendments

F7 Words in reg. 11 heading inserted (31.12.2020 immediately before IP completion day) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(b), 8(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in reg. 11(1) inserted (31.12.2020 immediately before IP completion day) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(b), 8(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in reg. 11(1) substituted (31.12.2020 immediately before IP completion day) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(b), 8(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F10 Reg. 11(2)(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Plant Breeders Rights (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/769), regs. 1(2)(b), 2(9)(a)

F11 Reg. 11(4) substituted (31.12.2020 immediately before IP completion day) by The Plant Breeders Rights (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/769), regs. 1(2)(b), 2(9)(b)

Commencement Information

I3 Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1))

Application under regulation 10 [F12 (1) and (2)] : novelty U.K.

12.—(1)  [F13 Where the condition in regulation 10(2) is met,] the provisions of this regulation apply in determining whether a variety is to be deemed new for the purposes of an application under [F14 regulation 10(1)] (and, accordingly, the provisions of paragraph 4(1) to (3) of Schedule 2 to the 1997 Act (criteria for novelty) do not apply).

(2) The variety is to be deemed new if no sale or other disposal of propagating material or harvested material of the variety for the purposes of exploiting the variety has, with the consent of the applicant—

(a) taken place in a relevant territory earlier than one year before the [F15 relevant date]; or

(b) taken place elsewhere than in a relevant territory earlier than 4 years, or in the case of trees or vines, 6 years, before the [F16 relevant date].

(3) Sub-paragraphs (4) to (11) of paragraph 4 of Schedule 2 to the 1997 Act (disregard of certain sales and disposals) have effect for the purposes of this paragraph, but as if, in sub-paragraphs (4) and (10), the references to sub-paragraphs (2) and (3) of that paragraph were references to paragraph (2)(a) and (b) of this regulation.

(4) In this regulation—

“applicant” includes, in relation to consent to a sale or other disposal, a person with whose consent the applicant made the application under regulation 10;

“relevant territory” means any part of the territory of a member State (which, in relation to the time in question, includes the United Kingdom);

[F17 “the relevant date” means the date of priority claimed in the unresolved application or, where no date of priority is claimed, the date of the unresolved application for the purposes of Article 51 of the Council Regulation.]

Textual Amendments

F12 Words in reg. 12 heading inserted (31.12.2020 immediately before IP completion day) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(b), 8(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in reg. 12(1) inserted (31.12.2020 immediately before IP completion day) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(b), 8(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in reg. 12(1) substituted (31.12.2020 immediately before IP completion day) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(b), 8(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in reg. 12(2)(a) substituted (31.12.2020 immediately before IP completion day) by The Plant Breeders Rights (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/769), regs. 1(2)(b), 2(10)(a)

F16 Words in reg. 12(2)(b) substituted (31.12.2020 immediately before IP completion day) by The Plant Breeders Rights (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/769), regs. 1(2)(b), 2(10)(a)

F17 Words in reg. 12(4) inserted (31.12.2020 immediately before IP completion day) by The Plant Breeders Rights (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/769), regs. 1(2)(b), 2(10)(b)

Commencement Information

I4 Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1))

Prospective

Application under regulation 10: rights in relation to application period U.K.

F18 13.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Reg. 13 omitted (31.12.2020 immediately before IP completion day) by virtue of The Plant Breeders Rights (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/769), regs. 1(2)(b), 2(11)

Prospective

Refusal of application where there is an existing plant breeders' right U.K.

F19 14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Reg. 14 omitted (31.12.2020 immediately before IP completion day) by virtue of The Plant Breeders Rights (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/769), regs. 1(2)(b), 2(11)