Plant Varieties Act 1997

26 Appeals to the Tribunal.U.K.

(1)An appeal shall lie to the Tribunal against the following decisions of the Controller—

(a)a decision to allow or refuse an application for the grant of plant breeders’ rights,

(b)any decision preliminary to the determination of such an application as to the conditions laid down in section 4 above,

(c)a decision to allow or refuse an application under section 17(1) or (9) above,

(d)any decision under section 21 or 22(1)(a), (b) or (c) above,

(e)a decision to refuse an application under section 22(1)(d) above, and

(f)a decision to allow or refuse an application under section 23(1) or (2) above.

(2)The Ministers may by regulations confer a right of appeal to the Tribunal against—

(a)a decision of the Controller to refuse an application under section 25(3)(a) above, or

(b)any decision of the Controller under regulations made under section 18 above or section 28 or 29 below.

Modifications etc. (not altering text)

C2S. 26(2)(a): power to make regulations extended (1.3.2002) by The Patents and Plant Variety Rights (Compulsory Licensing) Regulations 2002 (S.I. 2002/247), reg. 21