PART 4AMENDMENTS TO THE PATENTS AND PLANT VARIETY RIGHTS (COMPULSORY LICENSING) REGULATIONS 2002

I17

1

Regulation 2 (interpretation) is amended as follows.

2

In paragraph (1)—

a

omit the definition of “Community plant variety right”;

b

omit the definition of “Council Regulation”;

c

for the definition of “plant breeders' rights”, substitute—

  • F1“plant breeders’ right” means—

    1. a

      any right granted under, or having effect as if granted under, section 3 of the 1997 Act (including existing rights as defined by section 40(4) of that Act); and

    2. b

      any right which by virtue of regulation 3 of the Plant Breeders’ Rights (Amendment etc.) (EU Exit) Regulations 2019 is treated as if it were a plant breeders’ right granted in accordance with the 1997 Act and as if the variety were registered in accordance with regulations under section 18(1)(c) of the 1997 Act;