The Plant Breeders' Rights (Naming and Fees) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

The Regulations revoke the Plant Breeders' Rights Regulations 1978 (S.I. 1978/294) (“the 1978 Regulations”) (regulation 5(1)). They replace regulation 18 of the 1978 Regulations with revised provisions for the selection of names for plant varieties which are the subject of applications for plant breeders' rights under Part I of the Plant Varieties Act 1997 (c. 66). In particular they—

(a) introduce a requirement for the Controller of Plant Variety Rights, in deciding whether to accept a proposed name, to have regard to the suitability criteria set out in Article 63 of Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (O.J. L 227, 1.9.1994, p.1) as last amended by Council Regulation (EC) No 873/2004 of 29 April 2004 (O.J. L 162, 30.4.2004, p. 38) and Commission Regulation (EC) No 930/2000 of 4 May 2000 which establishes implementing rules on the suitability of the denominations of varieties of agricultural plant species and vegetable species (O.J. L 108, 5.5.2000, p.3) as amended by Commission Regulation (EC) No 1831/2004 of 21 October 2004 (O.J. L 321, 22.10.2004, p.29) (regulation 3(2)); and

(b) update the procedural provisions in the 1978 Regulations for approving the name (regulations 3(1) and 3(3)-(9)).

The Regulations enable the Controller to charge a fee for costs reasonably incurred in respect of specified matters relating to plant breeders' rights arising under the Plant Varieties Act 1997 (regulation 4).

They also:

(a) revoke the Plant Breeders' Rights (Fees) Regulations 1998 (S.I. 1998/1021) and the Plant Breeders' Rights (Fees) (Amendment) Regulations 2002 (S.I. 2002/1677) (regulation 5 (1));

(b) amend the Plant Breeders' Rights Regulations 1998 (S.I. 1998/1027) (regulation 5(2)); and

(c) make transitional and supplemental provisions for naming (regulations 5(3) and 5(4)).

A regulatory impact assessment has not been prepared for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies.