Regulation 8A Exhaustion of rightsF1I1
(1)
An existing EU right shall not extend to any act concerning the material of a variety if, before IP completion day, that material was sold or otherwise marketed in the United Kingdom or in the EU, by or with the consent of the holder of the rights, or is derived from material which has been so sold or otherwise marketed.
(2)
In this regulation, “material” has the meaning given by section 10(4) of the 1997 Act for the purposes of section 10.
Annotations
Textual amendments
- F1
Reg. 8A inserted (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(6)
Commencement
- I1
Reg. 8A 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))