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

Selection of names for plant varieties

3.—(1) An applicant for a grant of plant breeders' rights shall, when so required by the Controller and within such time as he may direct, propose a name for the plant variety in respect of which his application is made.

(2) The Controller shall not accept a name proposed in pursuance of paragraph (1) or (3) unless he is satisfied that the name is suitable, having regard to the criteria for determining the suitability of a variety denomination in—

(a) paragraphs 2, 3 and 4 of Article 63 of Council Regulation (EC) No. 2100/94 of 27 July 1994 on Community plant variety rights(1) as last amended by Council Regulation (EC) No. 873/2004 of 29 April 2004(2); and

(b) the detailed rules for the application of certain of those criteria in Articles 2 to 6 of Commission Regulation (EC) No. 930/2000 of 4 May 2000 establishing implementing rules as to the suitability of the denomination of varieties of agricultural plant species and vegetable species(3) as amended by Commission Regulation (EC) No. 1831/2004 of 21 October 2004(4).

(3) If the Controller does not accept a name proposed for a plant variety in accordance with paragraph (2) he shall inform the applicant of the reason for its rejection and require that the applicant propose within such time as the Controller may specify another name for the plant variety.

(4) Any person may object to the name proposed for a plant variety as being unsuitable, on the basis of the Community provisions referred to in paragraph (2), and may make representations to the Controller within such time as the Controller shall specify in the notice of his proposed decision to allow an application for the grant of plant breeders' rights published by him in accordance with regulation 5(1) of the 1998 Regulations.

(5) Before accepting a name for a plant variety the Controller shall consider any representations which are made to him in accordance with paragraph (4).

(6) If an applicant for a grant of plant breeders' rights fails to propose a name in accordance with the requirements of this regulation the Controller shall not be obliged to take any further steps in relation to the application until those requirements (except as regards the time allowed for compliance) have been complied with.

(7) If, after the service by the Controller on the applicant of a notice informing him of the consequences of a continued failure to comply with any requirement of this regulation, the applicant has not complied with such requirement, within such time, not being less than 14 days, specified in the notice, the application shall be deemed to have been abandoned.

(8) An applicant for a grant of plant breeders' rights or a holder of plant breeders' rights may at any time propose to the Controller a name for the plant variety in respect of which the application is made or plant breeders' rights have been granted in substitution for the name already proposed or accepted for that plant variety and, if the Controller is satisfied that the name proposed is suitable having regard to the Community provisions referred to in paragraph (2)—

(a) he shall publish in the gazette and in such manner as appears to him to be necessary or desirable a notice of that proposed name;

(b) any person may object to the name as being unsuitable, having regard to the Community provisions referred to in paragraph (2), and may make representations to the Controller within such time as the Controller shall specify in the notice published under sub-paragraph (a); and

(c) before accepting the name, the Controller shall consider any representations which are made to him.

(9) In this regulation—

(a) “name” includes any designation; and

(b) “the gazette” means the gazette published under section 34 of the Plant Varieties and Seeds Act 1964(5).

(1)

OJ No. L227, 1.9.1994, p.1.

(2)

OJ No. L162, 30.4.2004. p.38.

(3)

OJ No. L108, 5.5.2000, p. 3.

(4)

OJ No. L321, 22.10.2004, p. 29.

(5)

1964 c. 14.