The Plant Breeders' Rights (Fees) (Amendment) Regulations 1988

These Regulations may be cited as the Plant Breeders' Rights (Fees) (Amendment) Regulations 1988 and shall come into force on 1st April 1988.

For the Schedule to the Plant Breeders' Rights (Fees) Regulations 1987^f1 there shall be substituted the provisions set out in the Schedule to these Regulations.

“SCHEDULE

FEES

Regulation 3(1)

PART I

fees payable on an application for a grant of plant breeders' rights

Plant variety	Amount
New fee	Old fee
* The figures in italics are the fees which were charged under The Plant Breeders' Rights (Fees) Regulations 1987 (S.I. 1987/189) before the coming into force of these Regulations.
	£	£f1
1 A wheat (excluding durum wheat and spelt wheat) or barley variety	540	(520)
2 A durum wheat, spelt wheat, rye, oat, oilseed rape, ryegrass, timothy, white clover, fescue or potato variety	415	(400)
3 A maize variety	500	(480)
4 A field pea or field bean variety	325	(310)
5 Any other herbage, fodder (including fenugreek), oil and fibre, cereal or vegetable variety	195	(185)
6 Any other variety not mentioned above (including a decorative or fruit variety)	120	(115)

PART II

fees payable in respect of tests or examination of a plant variety which is the subject of an application for a grant of plant breeders' rights

Plant variety	Tests or examination for which payable	Amount
New fee	Old fee
* The figures in italics are the fees which were charged under The Plant Breeders' Rights (Fees) Regulations 1987 before the coming into force of these Regulations.
	£	£f2
1 A wheat (excluding durum wheat and spelt wheat), barley or maize variety	Tests in any one year	710	(680)
2 A durum wheat, spelt wheat, rye, oat, oilseed rape, ryegrass, timothy, white clover, fescue, potato, field pea or field bean variety	Tests in any one year	480	(460)
3 Any other herbage, fodder (including fenugreek), oil and fibre, cereal or vegetable variety	Tests in any one year	270	(260)
4 A year-round perennial chrysanthemum variety	Tests in each flowering season	225	(215)
5 A cymbidium variety	Each examination	225	(215)
6 Any other variety not mentioned above (including a decorative or fruit variety)	Tests in any one year	225	(215)

PART III

renewal fees

Plant variety	Renewal fees during the years of the exercise of plant breeders' rights indicated below
Second to fifth year — each year
New fee	Old fee	Sixth and each subsequent year
New fee	Old fee
* The figures in italics are the fees which were charged under The Plant Breeders' Rights (Fees) Regulations 1987 before the coming into force of these Regulations.160
	£	£f3	£	£
1 A wheat (excluding durum wheat and spelt wheat) or barley variety	475	(455)	630	(605)
2 A durum wheat, spelt wheat, rye, oat, oilseed rape, ryegrass, timothy, white clover, fescue, potato, maize, field bean or field pea variety	335	(320)	570	(545)
3 Any other herbage, fodder (including fenugreek), oil and fibre, cereal or vegetable variety	195	(185)	255	(245)
4 A rose variety	95	(120)	125	(155)
5 Any other variety not mentioned above (including a decorative or fruit variety)	125	(120)	160	(155)

PART IV

fees payable in respect of other matters

Matter	When payable	Amount
New fee	Old fee
* The figures in italics are the fees which were charged under The Plant Breeders' Rights (Fees) Regulations 1987 before the coming into force of these Regulations.
	£	£f4
1 Application for a compulsory licence	On making the application	21	(21)
2 Application to extend, limit, vary or revoke a compulsory licence	On making the application	21	(21)
3 Application to amend a document in any application or proceeding	On making the application	3	(3)
4 Application to rectify an error or omission in the register of plant varieties	On making the application	3	(3)
5 Application for extension of time for the service or delivery of a document or thing or for the doing of an act	On making the application	3	(3)
6 Making representations in writing to the Controller, by any person other than the applicant, in connection with any application	On delivering the representations	3	(3)
7 Making representations in writing to the Controller, by any person other than the holder of plant breeders' rights, in connection with a proposal to terminate those rights or to revoke or terminate any extension of such rights	On delivering the representations	3	(3)
8 Attending to be heard by the Controller, or by a person appointed by him for the purpose	Before the hearing	21	(21)
9 Grant of plant breeders' rights in— (a) a variety referred to in items 1 to 4 in Part I of this Schedule	Before the issue of the document constituting evidence of the grant	150	(145)
(b) a variety referred to in item 5 in Part I of this Schedule		140	(135)
(c) a variety referred to in item 6 in Part I of this Schedule		90	(85)
10 Giving a protective direction	Before the issue of the document constituting evidence of the giving of the protective direction	21	(21)
11 Application for an extension of the period for payment of a renewal fee	On making the application	21	(21)
12 Payment of a renewal fee after the expiration of 7 days from the date when it fell due, except in a case where an application has been made for the period for payment to be extended	On payment of the renewal fee	21	(21)
13 Application for the approval of a substituted name for a plant variety	On making the application	21	(21)
14 Application for the amendment of the register of plant varieties, except in a case where the plant breeders' rights are transferred to another person	On making the application	3	(3)
15 Registration of title and amendment of the register of plant varieties on a transfer of plant breeders' rights or a share in such rights	On making the application for registration	21	(21)
16 Inspection of the register of plant varieties or of a document in the possession of the Controller	Before the inspection	1	(1)
17 Supplying copies of documents, per page	Before the delivery of the copies	0.30	(0.30)
18 Supplying a duplicate of a document constituting evidence of a grant of plant breeders' rights or protective direction	On ordering the duplicate	6	(6)
19 Purchase of a report from a testing authority in another country	Within 14 days of demand by the Controller	140	(112)

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(This note is not part of the Regulations)