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

Application under regulation 10: novelty

12.—(1) The provisions of this regulation apply in determining whether a variety is to be deemed new for the purposes of an application under regulation 10 (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 date of the making of the unresolved application; 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 date of the making of the unresolved application.

(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).