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- Point in Time (31/12/2020)
- Original (As made)
Point in time view as at 31/12/2020. This version of this part contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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There are currently no known outstanding effects for the The Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2019, PART 4.
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Textual Amendments
F1Words 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)
9.—(1) On [F2IP completion day], a person has an “unresolved application” for the purposes of this Part if—
(a)before [F2IP 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 [F2IP 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
F2Words 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)
F3Reg. 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)
F4Reg. 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
I1Reg. 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))
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 [F6and 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
F5Reg. 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)
F6Words 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
I2Reg. 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))
11.—(1) [F8Where the condition in regulation 10(2) is met,] an application under [F9regulation 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
F7Words 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)
F8Words 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)
F9Words 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)
F10Reg. 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)
F11Reg. 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
I3Reg. 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))
12.—(1) [F13Where 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 [F14regulation 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 [F15relevant 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 [F16relevant 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
F12Words 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)
F13Words 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)
F14Words 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)
F15Words 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)
F16Words 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)
F17Words 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
I4Reg. 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
F1813. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F18Reg. 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
F1914. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F19Reg. 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)
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