Regulation 10 Right to apply for a plant breeders' rightI1
United Kingdom
A person who has an unresolved application may apply for plant breeders' rights under the 1997 Act in relation to the variety to which the unresolved application relates.
If an application under paragraph (1) is made within the period of 6 months beginning with IP completion day, regulations 11 and 12 apply.
An application under paragraph (1) must contain a statement—
that it is made by, or with the consent of, the person who made the unresolved application; and
that it relates to the same variety as the unresolved application.
Subject to the provisions of regulations 11 F2and 12, such an application is to be treated as if it were an application under section 3 of the 1997 Act (grant of plant breeders' rights on application).
Annotations
Textual amendments
- F1
Reg. 10(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(8)(a)
- F2
Words in reg. 10(4) 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(8)(b)
Commencement
- I1
Reg. 10 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))
Notes on Part 4
Textual amendments
- F1
Words in Pt. 4 heading 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)