OpenLegislation

Regulation 11 Effect of an application under regulation 10 (1) and (2) : priorityF5I1

United Kingdom

(1)

F1Where the condition in regulation 10(2) is met, an application under F2regulation 10(1) is to be treated for the purposes of paragraph 5 of Schedule 2 to the 1997 Act (priorities between applicants) as if it were made, not on the date on which it is in fact made, but on the earlier date specified in paragraph (4).

F3(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(4)

The earlier date is the date of priority claimed in the unresolved application or, where no date of priority is claimed, the date of the unresolved application for the purposes of Article 51 of the Council Regulation.

Annotations

Textual amendments

F1

Words in reg. 11(1) inserted (31.12.2020 immediately before IP completion day) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(b), 8(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in reg. 11(1) substituted (31.12.2020 immediately before IP completion day) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(b), 8(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3

Reg. 11(2)(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Plant Breeders Rights (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/769), regs. 1(2)(b), 2(9)(a)

F4

Reg. 11(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(9)(b)

F5

Words in reg. 11 heading inserted (31.12.2020 immediately before IP completion day) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(b), 8(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

Reg. 11 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)