Regulation 3 Payment of fees
There shall be paid to the Controller in respect of matters relating to plant breeders' rights arising under the Act or the principal Regulations—
a fee on making an application for a grant of plant breeders' rights, being the new fee set out in the second column of Part I of the Schedule opposite the reference in the first column of the said Part I to the plant variety of the kind to which the application relates, such fee being payable on making the application;
a fee 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, being the new fee set out in the third column of Part II of the Schedule opposite the reference in the first column of the said Part II to the plant variety of the kind to which the tests or examination relate, such fee being payable for the tests or examination referred to in the second column of the said Part II and so payable within fourteen days of a written demand made by the Controller;
a renewal fee, being the new fee set out in relation to the particular year of the exercise of such rights in the second and third columns of Part III of the Schedule opposite the reference in the first column of the said Part III to the plant variety of the kind for which the rights were granted, such fee being due on, but not payable more than three months before, the anniversary of the date of the grant of the rights with which the particular year begins or within such later period as may have been allowed by the Controller;
subject to paragraph (4) below, the fees payable in respect of the matters referred to in the first column of Part IV of the Schedule, being the new fees set out in the third column of the said Part IV opposite the respective references to those matters, such fees being payable at the times specified in respect of each such matter in the second column of the said Part IV.
If at the time of the application for a grant of plant breeders' rights the plant variety in respect of which the application is made is or has been the subject of an application for its entry in a National List but no fee is or has been payable under the Seeds (National Lists of Varieties) (Fees) Regulations 1987f1 in respect of tests which have been or are being undertaken in connection with such application, then there shall be paid to the Controller in addition to the fee payable under paragraph (1)(b) above a fee in respect of such tests calculated in accordance with Part II of the Schedule as if references to tests in relation to an application for a grant of plant breeders' rights were references to tests in relation to an application for the entry of a plant variety in a National List.
The fee payable in accordance with paragraph (2) above shall be payable within fourteen days of a written demand made by the Controller.
No fee shall be payable in accordance with paragraph (1)(d) above in respect of any application to amend a document in any application or proceeding or in respect of any application for the amendment of the register of plant varieties where that application relates solely to the change of the end of the name of a body corporate to “public limited company” or its Welsh equivalent pursuant to the Companies Act 1985f2.
Annotations
Footnotes
- f1
- f2