OpenLegislation

Regulation 15 The 1997 ActI1

United Kingdom

(1)

The 1997 Act is amended as follows.

(2)

In section 9 (farm saved seed)—

(a)

in subsection (3), after “liable ” insert “(subject to any contractual agreement entered into between the farmer and the holder of the plant breeders' rights)”;

(b)

in subsection (4), for the words from “considered to be” to the end substitute “ a small farmer for the purposes of this section ”;

(c)

for subsection (10) substitute—

“(10)

In this section, “small farmer” means—

(a)

in a case where the material referred to in subsection (3) is used for propagating potatoes, a farmer who grows potatoes in an area no bigger than that which would be needed to produce 185 tonnes of potatoes per harvest, and

(b)

in a case where the material referred to in subsection (3) is used for propagating any other variety specified for the purpose of subsection (1), a farmer who grows that variety in an area no bigger than that which would be needed to produce 92 tonnes of cereals per harvest.”;

(d)

omit subsection (12).

(3)

In section 11 (duration), omit subsection (3)(a).

(4)

In section 38 (interpretation of Part 1) omit the definition of “the Council Regulation”.

Annotations

Commencement

I1

Reg. 15 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))