The Plant Breeders’ Rights (Fees) (Amendment) Regulations 1997
S.I. 1997/382 · Made 18 February 1997
PLANT BREEDERS’ RIGHTS
Made 18th February 1997
Laid before Parliament 20th February 1997
Coming into force 1st April 1997
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales and the Secretary of State for Northern Ireland, acting jointly, as respects the United Kingdom, in exercise of the powers conferred on them by sections 9(1) and 36 of the Plant Varieties and Seeds Act 1964f1 as extended to Northern Irelandf2, and the said Minister and the Secretary of State, acting jointly, as respects the Isle of Man, in exercise of the said powers as extended to the Isle of Manf3, and in exercise of all other powers enabling them in that behalf, with the approval of the Treasury in accordance with section 9(1) of that Act, hereby make the following Regulations:
Annotations to the whole text
Footnotes
- f1
-
1964 c. 14; see section 38(1) (as amended by S.I. 1978/272 and as read with section 39(3)(a)(ii)) for the definition of “the Ministers”.
- f2
-
S.I. 1964/1574.
- f3
-
S.I. 1969/1829.
Contents
- 1Title and commencement
- 2Amendment of the Plant Breeders’ Rights (Fees) Regulations 1990
- Signature
- Schedule SCHEDULE TO BE SUBSTITUTED FOR THE SCHEDULE TO THE PLANT BREEDERS’ RIGHTS (FEES) REGULATIONS 1990
- Explanatory note
1Title and commencement
These Regulations may be cited as the Plant Breeders’ Rights (Fees) (Amendment) Regulations 1997 and shall come into force on 1st April 1997.
2Amendment of the Plant Breeders’ Rights (Fees) Regulations 1990
The Plant Breeders’ Rights (Fees) Regulations 1990f1 shall be amended as follows—
in regulation 4 (renewal fees), paragraphs (2) and (3) shall be omitted;
for the Schedule there shall be substituted the Schedule set out in the Schedule to these Regulations.
Signature
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
13th February 1997
Lindsay
Parliamentary Under Secretary of State, Scottish Office
14th February 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
17th February 1997
Denton
Parliamentary Under Secretary of State, Northern Ireland Office
13th February 1997
Michael Howard
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
17th February 1997
We approve,
Richard Ottaway
Patrick McLoughlin
Two of the Lords Commissioners of Her Majesty’s Treasury
18th February 1997
SCHEDULE TO BE SUBSTITUTED FOR THE SCHEDULE TO THE PLANT BREEDERS’ RIGHTS (FEES) REGULATIONS 1990
“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 £ £f1 Note: The figures in italics are the fees which were charged under the Plant Breeders’ Rights (Fees) Regulations 1990 (S.I. 1990/618) as amended by the Plant Breeders’ Rights (Fees) (Amendment) Regulations 1994 (S.I. 1994/675) before the coming into force of the Plant Breeders’ Rights (Fees) (Amendment) Regulations 1997 (S.I. 1997/382) on 1st April 1997.
1. A rose variety 50 (45) 2. A chrysanthemum variety 250 (245) 3. Any other decorative variety 125 (120) 4. Any other variety 250 (245) 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 Test or examination for which payable Amount New fee Old fee £ £f2 Note: The figures in italics are the fees which were charged under the Plant Breeders’ Rights (Fees) Regulations 1990 as amended by the Plant Breeders’ Rights (Fees) (Amendment) Regulations 1994 (S.I. 1994/675) and the Plant Breeders’ Rights (Fees) (Amendment) Regulations 1995 (S.I. 1995/606) before the coming into force of the Plant Breeders’ Rights (Fees) (Amendment) Regulations 1997 (S.I. 1997/382) on 1st April 1997.
1. A cereal (excluding maize) variety Tests in any one year 685 (665) 2. A maize variety Tests in any one year 420 (410) 3. A potato variety Tests in any one year 640 (620) 4. A beetroot, Brussels sprout, cabbage, celery, fenugreek, leek, turnip or fodder variety Tests in any one year 595 (580) 5. A herbage variety Tests in any one year 420 (410) 6. A field pea, vegetable pea, field bean or broad bean variety Tests in any one year 510 (495) 7. An oil and fibre (including oilseed rape) variety Tests in any one year 420 (410) 8. A rose variety Tests in any one year 80 (75) 9. A year-round perennial chrysanthemum variety Tests in each flowering season 170 (165) 10. Any other chrysanthemum variety Tests in any one year 170 (165) 11. A cymbidium variety Each examination 215 (210) 12. A fruit variety Tests in any one year 170 (165) 13. Any other variety Tests in any one year 215 (210) PART III
RENEWAL FEES
Plant variety Amount each year New standard fee New reduced fee Old standard fee Old reduced fee £ £ £f3 £ Note: The figures in italics are the fees which were charged under the Plant Breeders’ Rights (Fees) Regulations 1990 as amended by the Plant Breeders’ Rights (Fees) (Amendment) Regulations 1994 (S.I. 1994/675) and the Plant Breeders’ Rights (Fees) (Amendment) (No. 2) Regulations 1995 (S.I. 1995/2947) before the coming into force of the Plant Breeders’ Rights (Fees) (Amendment) Regulations 1997 (S.I. 1997/382) on 1st April 1997.
1. A rose variety 50 25 (45) (25) 2. A chrysanthemum variety 305 155 (295) (150) 3. Any other decorative variety 160 80 (155) (80) 4. A vegetable variety (excluding a vegetable pea or broad bean variety) 155 80 (150) (75) 5. A fruit variety 305 155 (295) (150) 6. Any other variety (including a vegetable pea or broad bean variety) 400 200 (390) (195) PART IV
FEES PAYABLE IN RESPECT OF OTHER MATTERS
Matter When payable Amount New fee Old fee £ £f4 Note: The figures in italics are the fees which were charged under the Plant Breeders’ Rights (Fees) Regulations 1990 as amended by the Plant Breeders’ Rights (Fees) (Amendment) Regulations 1994 (S.I. 1994/675) before the coming into force of the Plant Breeders’ Rights (Fees) (Amendment) Regulations 1997 (S.I. 1997/382) on 1st April 1997.
1. Application for a compulsory licence On making the application 50 (50) 2. Application to extend, limit, vary or revoke a compulsory licence On making the application 50 (50) 3. Making representations in writing to the Controller in connection with any application, or in connection with a proposal to terminate any plant breeders’ rights or to revoke or terminate any extension of such rights On delivering the representations 25 (25) 4. Attending to be heard by the Controller or by a person appointed by him for the purpose Before the hearing 50 (50) Grant of plant breeders’ rights in—
(a)a variety referred to in item 1 in Part I of this Schedule
Before the issue of the document constituting evidence of the grant 40 (35) a variety referred to in item 3 in Part I of this Schedule
110 (105) a variety referred to in item 2 or item 4 in Part I of this Schedule
135 (130) 6. Giving a protective direction Before the issue of the document constituting evidence of the giving of the protective direction 25 (25) 7. 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 25 (25) 8. Application for the approval of a substituted name for a plant variety On making the application 25 (25) 9. 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 25 (25) 10. Purchase of a report from a testing authority in another country Within 14 days of demand by the Controller 180 (165) ”
Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Plant Breeders’ Rights (Fees) Regulations 1990 by prescribing revised fees in respect of matters arising under the Plant Breeders’ Rights Regulations 1978 (as amended) (regulation 2(b)).
The matters in respect of which the revised fees are prescribed are listed in the Schedule to these Regulations, and the fees which were chargeable before these Regulations came into force are printed in italics beside the revised fees.
Application, test, grant and renewal fees have been increased by 3 per cent, rounded to the nearest £5, except for roses where the increase is £5. The fee for the purchase of a report from a testing authority in another country has been increased to accord with the international charge of 350 Swiss Francs. The remaining fees payable in respect of other matters are unchanged.
The Regulations also remove the provision for proportionate renewal fees to be paid during the period between the date the renewal fee becomes due and the date of termination of plant breeders’ rights for non-payment of the fee (regulation 2(a)).
A Compliance Cost Assessment has been prepared and placed in the libraries of both Houses of Parliament. Copies can be obtained from the Plant Variety Rights Office and Seeds Division of the Ministry of Agriculture, Fisheries and Food, White House Lane, Huntingdon Road, Cambridge CB3 0LF.