The Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2019

Existing EU rights U.K.

3.—(1) For the purposes of these Regulations, an “existing EU right” is a Community plant variety right which, immediately before [F1 IP completion day], is contained in the register maintained under Article 87(2) of the Council Regulation.

(2) On and after [F1 IP completion day], an existing EU right is to be [F2 treated as if—

(a) it were a plant breeders’ right granted in accordance with the 1997 Act;

(b) the variety were registered in accordance with regulations under section 18(1)(c) of the 1997 Act; and

(c) in relation to that right, the date of publication of the application and date of priority were the date of application and date of priority of the corresponding Community plant variety right].

(3) Accordingly, on and after [F1 IP completion day], the provisions of the 1997 Act (except sections 1(1), 3 to 5, 11 and 18(3) of, and Schedule 2 to, that Act), any regulations or orders made under that Act and any guidance given under that Act apply in relation to those existing EU rights.

Textual Amendments

F1 Words in reg. 3 substituted (31.12.2020 immediately before IP completion day) by The Plant Breeders Rights (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/769), regs. 1(2)(b), 2(2)

F2 Words in reg. 3(2) substituted (31.12.2020 immediately before IP completion day) by The Plant Breeders Rights (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/769), regs. 1(2)(b), 2(3)

Commencement Information

I1 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1))