Search Legislation

Advanced Search

Plant Varieties Act 1997

Status:

This is the original version (as it was originally enacted).

18Selection and registration of names

(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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources