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Article 42 Plant varieties and animal breeds

United Kingdom

Original text. Later amendments are not shown.

1.

This Regulation shall not prevent the placing on the market of products the labelling of which includes a name or term protected or reserved under a quality scheme described in Title II, Title III, or Title IV that contains or comprises the name of a plant variety or animal breed, provided that the following conditions are met:

(a)

the product in question comprises or is derived from the variety or breed indicated;

(b)

consumers are not misled;

(c)

the usage of the name of the variety or breed name constitutes fair competition;

(d)

the usage does not exploit the reputation of the protected term; and

(e)

in the case of the quality scheme described in Title II, production and marketing of the product had spread beyond its area of origin prior to the date of application for registration of the geographical indication.

2.

In order to further clarify the extent of rights and freedoms of food business operators to use the name of a plant variety or of an animal breed referred to in paragraph 1 of this Article, the F1Secretary of State may make regulations concerning rules for determining the use of such names.

Annotations

Textual amendments

F1

Words in Art. 42(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(40)