The Plant Breeders' Rights (Fees) (Amendment) (No. 2) Regulations 1995

Amendment of the Plant Breeders' Rights (Fees) Regulations 1990

2.  The Plant Breeders' Rights (Fees) Regulations 1990(1) shall be amended as follows—

(a) in regulation 2(1) after the definition of “the Act” there shall be inserted the following definition—

““Community plant variety right” means a right granted in accordance with Council Regulation (EC) 2100/94(2);”;

(b) for sub-paragraph (c) of regulation 3 there shall be substituted the following sub-paragraph—

“(c) a renewal fee, being—

(i) in the case of a plant variety in respect of which there is no subsisting Community plant variety right, the fee set out in the second column (Standard fee) of Part III of the Schedule opposite the reference in the first column of the said Part III to the plant variety of the kind for which the plant breeders' rights were granted;

(ii) in the case of a plant variety in respect of which there is a subsisting Community plant variety right, the fee set out in the third column (Reduced fee) of Part III of the Schedule opposite the reference in the first column of the said Part III to the plant variety of the kind for which the plant breeders' rights were granted,

such fee being due on, but not payable more than three months before, each anniversary of the date of the grant of plant breeders' rights or within such later period as may have been allowed by the Controller;”;

(c) for Part III of the Schedule there shall be substituted the following—

“PART III RENEWAL FEES

Plant Variety	Amount each year
	Standard fee	Reduced fee
	£	£
1.   A rose variety	45	25
2.   A chrysanthemum variety	295	150
3.   Any other decorative variety	155	80
4.   A vegetable variety (excluding a vegetable pea or broad bean variety)	150	75
5.   A fruit variety	295	150
6.   Any other variety (including a vegetable pea or broad bean variety)	390	195.”

(1)

S.I. 1990/618; relevant amending instruments are S.I. 1994/675, 1995/606.

(2)

OJ No. L227, 1.9.94, p.1.