Regulation 3E Selection of plant variety names: identical or confusing namesF1

(1)

This regulation applies for the purposes of regulation 3(2A)(c).

(2)

In determining whether a proposed name may be confused with another name of a plant variety of a description mentioned in regulation 3(2A)(c), the Controller must regard such confusion as likely to arise if the difference between the proposed name and the name of a variety of a closely related species—

(a)

consists only of a difference of a single letter or digit, or the transposition of two letters;

(b)

consists only of a difference in accents on letters in the names.

(3)

If the Controller regards such confusion as likely to arise, he may not accept the proposed name as suitable.

Annotations

Textual amendments

F1: Regs. 3A-3G inserted (31.12.2020) by The Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/204), regs. 1(1), 19(6) (as amended by S.I. 2019/1220, regs. 1(2)(b), 8(7)); 2020 c. 1, Sch. 5 para. 1(1)