Point in time view as at 08/05/1998.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Plant Varieties Act 1997. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The Ministers may by regulations—
(a)make provision for the selection of names for varieties which are the subject of applications for the grant of plant breeders’ rights,
(b)make provision about change of name in relation to varieties in respect of which plant breeders’ rights have been granted, and
(c)make provision for the keeping of a register of the names of varieties in respect of which plant breeders’ rights have been granted.
(2)Regulations under subsection (1) above may, in particular—
(a)make provision enabling the Controller to require an applicant for the grant of plant breeders’ rights to select a name for the variety to which the application relates,
(b)make provision enabling the Controller to require the holder of plant breeders’ rights to select a different name for the protected variety,
(c)prescribe classes of variety for the purposes of the regulations,
(d)prescribe grounds on which the registration of a proposed name may be refused,
(e)prescribe the circumstances in which representations may be made regarding any decision as to the name to be registered in respect of any variety,
(f)make provision enabling the Controller—
(i)to refuse an application for the grant of plant breeders’ rights, or
(ii)to terminate the period for which a grant of plant breeders’ rights has effect,
if the applicant or holder fails to comply with a requirement imposed under the regulations,
(g)make provision for the publication or service of notices of decisions which the Controller proposes to take, and
(h)prescribe the times at which, and the circumstances in which, the register may be inspected by members of the public.
(3)The Controller shall publish notice of all entries made in the register, including alterations, corrections and erasures—
(a)in the gazette, and
(b)in such other manner as appears to the Controller to be convenient for the publication of these to all concerned.
(4)For the purposes of subsection (1) above, the variety in respect of which plant breeders’ rights are granted is the protected variety.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: