Regulation 3 Selection of names for plant varieties
United Kingdom
An applicant for a grant of plant breeders' rights shall, when so required by the Controller and within such time as he may direct, propose a name for the plant variety in respect of which his application is made.
The Controller shall not accept a name proposed in pursuance of paragraph (1) or (3) unless he is satisfied that the name is suitable F1...
In determining whether a name is suitable the Controller must consider—
whether the use of the name in the United Kingdom is precluded by a prior right;
whether the use of the name may commonly cause its users difficulties as regards recognition or reproduction;
whether the name is identical to, or may be confused with, a name under which another variety of the same or a closely related species —
is entered in any other official register of plants, or
has been marketed in the territory of a Member of the Union for the Protection of New Varieties of Plants,
and, if so, whether that other variety remains in existence and whether its denomination has acquired special significance;
whether the name is liable to give offence or otherwise be contrary to public policy;
whether the name is liable to mislead or cause confusion concerning the characteristics, the value or the identity of the variety or of the breeder;
whether the variety is the same as a variety which has been registered in, or marketed in the territory of a Member of the Union for the Protection of New Varieties of Plants or a State which provides equivalent protection under a different name.
In deciding the issues specified in paragraph (2A), the Controller must apply the rules set out in regulations 3A to 3G.
If the Controller does not accept a name proposed for a plant variety in accordance with paragraph (2) he shall inform the applicant of the reason for its rejection and require that the applicant propose within such time as the Controller may specify another name for the plant variety.
Any person may object to the name proposed for a plant variety as being unsuitableF3... and may make representations to the Controller within such time as the Controller shall specify in the notice of his proposed decision to allow an application for the grant of plant breeders' rights published by him in accordance with regulation 5(1) of the 1998 Regulations.
Before accepting a name for a plant variety the Controller shall consider any representations which are made to him in accordance with paragraph (4).
If an applicant for a grant of plant breeders' rights fails to propose a name in accordance with the requirements of this regulation the Controller shall not be obliged to take any further steps in relation to the application until those requirements (except as regards the time allowed for compliance) have been complied with.
If, after the service by the Controller on the applicant of a notice informing him of the consequences of a continued failure to comply with any requirement of this regulation, the applicant has not complied with such requirement, within such time, not being less than 14 days, specified in the notice, the application shall be deemed to have been abandoned.
An applicant for a grant of plant breeders' rights or a holder of plant breeders' rights may at any time propose to the Controller a name for the plant variety in respect of which the application is made or plant breeders' rights have been granted in substitution for the name already proposed or accepted for that plant variety and, if the Controller is satisfied that the name proposed is suitable F4...—
he shall publish in the gazette and in such manner as appears to him to be necessary or desirable a notice of that proposed name;
any person may object to the name as being unsuitableF5... and may make representations to the Controller within such time as the Controller shall specify in the notice published under sub-paragraph (a); and
before accepting the name, the Controller shall consider any representations which are made to him.
In this regulation—
“name” includes any designation; and
“the gazette” means the gazette published under section 34 of the Plant Varieties and Seeds Act 1964f1.
Annotations
Textual amendments
- F1
Words in reg. 3(2) omitted (31.12.2020) by virtue of The Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/204), regs. 1(1), 19(2); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Reg. 3(2A)(2B) inserted (31.12.2020) by The Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/204), regs. 1(1), 19(3); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in reg. 3(4) omitted (31.12.2020) by virtue of The Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/204), regs. 1(1), 19(4); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in reg. 3(8) omitted (31.12.2020) by virtue of The Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/204), regs. 1(1), 19(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Words in reg. 3(8)(b) omitted (31.12.2020) by virtue of The Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/204), regs. 1(1), 19(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
Footnotes
- f1