Regulation 5 Relationship between existing rights under the 1997 Act and existing EU rightI1

United Kingdom

(1)

This regulation applies where—

(a)

immediately before F1IP completion day a person had a plant breeders' right granted in accordance with the 1997 Act but was unable to enforce that right because of the operation of paragraph 2 of Article 92 of the Council Regulation (a “suspended UK right”); and

(b)

on and after IP completion day, that person has an existing EU right in relation to the same plant variety.

(2)

While the existing EU right remains in force, the person remains unable to enforce the suspended UK right.

(3)

If the existing EU right is cancelled in the United Kingdom in accordance with section 22(1)(d) of the 1997 Act (cancellation on application to surrender rights), the person becomes able to enforce the UK suspended right.

(4)

Paragraph (3) does not apply if the suspended UK right has itself been cancelled in accordance with section 22(1)(d) of the 1997 Act.

Annotations

Textual amendments

F1: Words in reg. 5(1) 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)

Commencement

I1: Reg. 5 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))