The Seeds (National Lists of Varieties) Regulations 2001

[F1 Naming of plant varieties U.K.

6.— (1) A name of a plant variety [F2 , other than a conservation variety,] is suitable in accordance with this regulation for publication in the Gazette if—

(a) the name is not unsuitable as described in paragraph (2) below; and

(b) in respect of a plant variety known at the time the [F3 appropriate authority] determine an application for its acceptance on to a [F4 GB Variety List], the name of the variety is, so far as it can be, the name under which the variety is already known at that time.

[F5 (1A) A name of a plant variety of a conservation variety is suitable in accordance with this regulation for publication in the Gazette if the name is not unsuitable as described in paragraph (2)(a), (e) or (f).]

(2) For the purposes of this regulation a name of any plant variety is unsuitable if the [F3 appropriate authority] are satisfied that—

(a) its use in the territory of the [F6 United Kingdom is precluded by a prior right of a third party];

(b) it may commonly cause its users difficulties as regards recognition or reproduction;

(c) it is identical or may be confused with a name of another plant variety as specified in [F7 regulation 3 of the Plant Breeders' Rights (Naming and Fees) Regulations 2006];

(d) it is identical to or may be confused with another name commonly used for the marketing of goods, or which is not available by virtue of other legislation;

(e) it is liable to give offence F8 ... or is contrary to the public interest; or

(f) it is liable to mislead or cause confusion concerning the characteristics, value or identity of the variety.

(3) For the purposes of this regulation a variety is known at the time the [F3 appropriate authority] determine an application for its acceptance on to a [F4 GB Variety List] if—

(a) it is registered in an official register of plant varieties [F9 of a member of the International Union for the Protection of New Varieties of Plants];

(b) it has previously been accepted on to a [F10 GB Variety List or NI Variety List] F11 ...;

(c) it is not clearly distinguishable from another variety assessed, with regard to distinctness, stability and uniformity in accordance with rules corresponding to [F12 these Regulations, in a country]—

(i) which is a member of the International Union for the Protection of New Varieties of Plants; or

[F13 (ii) with which there is an agreement in relation to official checks on practices for the maintenance of that other variety in the Annex to the Equivalence Decision; or]

[F14 (iii) which has been granted equivalence by an appropriate authority; or]

(d) it is not clearly distinguishable from a variety previously accepted on to a [F15 GB Variety List or NI Variety List] F16 ....

(4) If the [F3 appropriate authority] are aware that seed or propagating material of a plant variety, whose name is suitable in accordance with this regulation for publication in the Gazette, is marketed in [F17 another] country for commercial purposes under a different name, the [F3 appropriate authority] shall include that name in the reference to the name of the variety on the [F4 GB Variety List].

(5) If the [F3 appropriate authority] are satisfied that the name by reference to which the variety was accepted on to a [F4 GB Variety List] was not in accordance with the provisions of this regulation, the Secretary of State—

(a) shall adapt the name of the variety on the List to ensure it conforms with those provisions and publish in the Gazette a notice of the adapted name; and

(b) may publish a notice in the Gazette that the name by reference to which the variety was accepted may be used in addition to the adapted name for a period specified in the notice.

(6) The [F3 appropriate authority] shall not grant an application for a change to the name of a variety accepted on to a [F4 GB Variety List] or a change to the name of a variety proposed in any application for acceptance of a variety on to a [F4 GB Variety List], unless they are satisfied that the proposed new name complies with the requirements of this regulation.

(7) The [F3 appropriate authority] shall inform the applicant of a decision made by them under this regulation relating to the application and of the reasons for it.]

Textual Amendments

F1 Regulations revoked (N.I.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 5 (with savings and transitional provisions in S.R. 2020/302, reg. 25)

F2 Words in reg. 6(1) inserted (30.6.2009) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2009 (S.I. 2009/1273), regs. 1, 5(1)

F3 Words in regs. 3-7 substituted (E.W.S.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 3(4)

F4 Words in reg. 6 substituted (E.W.S.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 3(3)(a)

F5 Reg. 6(1A) inserted (30.6.2009) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2009 (S.I. 2009/1273), regs. 1, 5(2)

F6 Words in reg. 6(2)(a) substituted (E.W.S.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(6)(a)(i) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in reg. 6(2)(c) substituted (E.W.S.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(6)(a)(ii) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in reg. 6(2)(e) omitted (E.W.S.) (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(6)(a)(iii) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in reg. 6(3)(a) substituted (E.W.S.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(6)(b)(i) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in reg. 6(3)(b) substituted (E.W.S.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 3(7)(a)

F11 Words in reg. 6(3)(b) omitted (E.W.S.) (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(6)(b)(ii) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in reg. 6(3)(c) substituted (E.W.S.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(6)(b)(iii) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

F13 Reg. 6(3)(c)(ii) substituted (10.12.2004) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2004 (S.I. 2004/2949), regs. 1, 2(5)

F14 Reg. 6(3)(c)(iii) inserted (E.W.S.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 3(7)(b)

F15 Words in reg. 6(3)(d) substituted (E.W.S.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 3(7)(a)

F16 Words in reg. 6(3)(d) omitted (E.W.S.) (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(6)(b)(iv) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

F17 Word in reg. 6(4) substituted (E.W.S.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(6)(c) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)