The Plants Breeders' Rights (Fees) Regulations 1998

Non-payment of fees—renewal fees

5.—(1) The Controller shall at least 28 days before the date when a renewal fee becomes due, if the fee shall not already have been paid, give to the holder of rights a notice informing him that the fee is payable, of the date when it is due and of the consequences of a failure to pay it.

(2) If the renewal fee shall not have been paid at the expiration of 7 days from the date when it was due, the Controller shall give to the holder of rights a notice informing him that the period for which the rights are exercisable will be terminated unless he either—

(a) pays the penalty fee within 35 days of the date when the renewal fee became due; or

(b) following an application by him for an extension of time under paragraph (3), pays the renewal fee within the period allowed under that paragraph.

(3) The Controller may on application made to him by a holder of rights, within 28 days from the date when the renewal fee became due, allow a period, expiring not later than three months from the date when the renewal fee became due, within which the renewal fee is to be paid.

(4) If a penalty fee shall not have been paid within 35 days from the date when the renewal fee became due, or if the renewal fee shall not have been paid within such longer period as the Controller shall have allowed in accordance with paragraph (3), the Controller may terminate the period for which plant breeders' rights in the variety in question are exercisable.

(5) The Controller shall publish in the gazette notice of the termination by virtue of paragraph (4) of the period for which plant breeders' rights are exercisable and shall inform the holder of the plant breeders' rights of such termination.

(6) In this regulation, ‘penalty fee’ means a fee which is the total of the renewal fee and the fee payable pursuant to paragraph 6 of Part IV of Schedule 1.