Regulation 9 Unresolved applicationsI1

United Kingdom

(1)

On F1IP completion day, a person has an “unresolved application” for the purposes of this Part if—

(a)

before IP completion day the person (whether alone or with others) had made an application for a Community plant variety right under the Council Regulation; and

(b)

immediately before IP completion day that application is unresolved.

(2)

An application is unresolved for the purposes of paragraph (1)(b) if—

(a)

no decision in relation to it has been made under Article 61 or 62 of the Council Regulation;

F2(b)

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

(c)

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

F3(3)

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

Annotations

Textual amendments

F1: Words in reg. 9(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)
F2: Reg. 9(2)(b)(c) 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(7)
F3: Reg. 9(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(7)

Commencement

I1: Reg. 9 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)