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

JurisdictionUK Non-devolved
(1) These Regulations may be cited as the Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.(2) In these Regulations—
  • the 1997 Act” means the Plant Varieties Act 1997 ;
  • the Controller” has the meaning given in the 1997 Act;
  • the Council Regulation” means Council Regulation (EC) No 2100/94 on Community plant variety rights , as it has effect immediately before F13IP completion day;
  • existing EU right” has the meaning given in regulation 3;
  • variety” has the meaning given in section 1(3) of the 1997 Act.
  • The provisions of retained direct EU legislation and of domestic law specified in column 1 of the table in the Schedule to these Regulations are revoked to the extent specified in column 2.
  • (1) For the purposes of these Regulations, an “existing EU right” is a Community plant variety right which, immediately before F14IP completion day, is contained in the register maintained under Article 87(2) of the Council Regulation.it were a plant breeders’ right granted in accordance with the 1997 Act; the variety were registered in accordance with regulations under section 18(1) (c) of the 1997 Act; and in relation to that right, the date of publication of the application and date of priority were the date of application and date of priority of the corresponding Community plant variety right.(3) Accordingly, on and after F14IP completion day, the provisions of the 1997 Act (except sections 1(1) , 3 to 5, 11 and 18(3) of, and Schedule 2 to, that Act) , any regulations or orders made under that Act and any guidance given under that Act apply in relation to those existing EU rights.beginning with IP completion day, andending at the end of the last day of the remaining period.in the case of an existing EU right which is the subject of an administrative or judicial procedure for cancellation under Article 21 of the Council Regulation that has not been finally decided immediately before IP completion day, and in respect of which, on or after IP completion day, a final decision is made to cancel the right in the EU, the day on which that right is cancelled in the EU;in the case of any other existing EU rights (other than those to which paragraph (3) applies) , the day on which the term of that right would otherwise have expired under Article 19(1) of the Council Regulation (unless terminated under section 22 of the 1997 Act) .(3) An existing EU right is to be treated as if it is declared null and void in the United Kingdom under section 21 of the 1997 Act where the conditions in paragraph (4) apply.is the subject of an administrative or judicial procedure for nullity under Article 20 of the Council Regulation that has not been finally determined immediately before IP completion day; andon or after IP completion day, is declared null and void in the EU.(5) Where paragraph 3 applies, the declaration that is to be treated as made in the United Kingdom is to be treated as having effect from the date of the declaration in the EU.immediately before F17IP completion day a person had a plant breeders' right granted in accordance with the 1997 Act but was unable to enforce that right because of the operation of paragraph 2 of Article 92 of the Council Regulation (a “suspended UK right”) ; andon and after F17IP completion day, that person has an existing EU right in relation to the same plant variety.(2) While the existing EU right remains in force, the person remains unable to enforce the suspended UK right.(3) If the existing EU right is cancelled in the United Kingdom in accordance with section 22(1) (d) of the 1997 Act (cancellation on application to surrender rights) , the person becomes able to enforce the UK suspended right.(4) Paragraph (3) does not apply if the suspended UK right has itself been cancelled in accordance with section 22(1) (d) of the 1997 Act.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .an address for service in the United Kingdom or the name and address of an agent within the United Kingdom with authority to act for the person in matters which are the subject of the 1997 Act, the Plant Breeders' Rights Regulations 1998 such other information as the Controller reasonably requests.(2) Paragraph (1) (b) does not apply before the day three years after the day following that on which IP completion day falls.(1) This regulation applies if the holder of a right granted in accordance with the 1997 Act is neither resident nor established in the United Kingdom on F22IP completion day.

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