Plant Varieties Act 1997
1997 c. 66 · Enacted 27 November 1997 · Extends to United Kingdom
An Act to make provision about rights in relation to plant varieties; to make provision about the Plant Varieties and Seeds Tribunal; to extend the time limit for institution of proceedings for contravention of seeds regulations; and for connected purposes.
[27th November 1997]
C1C2C3Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C4C5
Annotations to the whole text
Modifications
- C1
Act: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
Act: transfer of functions, property, rights and liabilities (27.12.1999) by S.I. 1999/3141, arts. 2(1)(5), 3, Sch.
- C2
Act extended (1.3.2002) by The Patents and Plant Variety Rights (Compulsory Licensing) Regulations 2002 (S.I. 2002/247), reg. 27(1) (subject to regs. 19(2), 27(2)(3))
- C3
Act: certain functions transferred (21.11.2002) by The Northern Ireland Act 1998 (Modification of Enactments) Order 2002 (S.I. 2002/2843), art. 8 (with art. 10)
- C4
Act applied in part (with modifications) (31.12.2020) by The Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/204), regs. 1(1), 3-14 (as amended by S.I. 2019/1220, regs. 1(2), 8(1)-(5); S.I. 2020/769, regs. 1(2)(a), 3); 2020 c. 1, Sch. 5 para. 1(1)
- C5
Act extended (with modifications) (1.8.2016) by The Plant Varieties and Seeds (Isle of Man) Order 2016 (S.I. 2016/758), art. 3, Sch. 2 (as amended by S.I. 2022/1337, art. 1, Sch.)
Contents
- Part I: Plant Varieties
- Preliminary
- 1Plant breeders’ rights.
- 2The Plant Variety Rights Office.
- Grant of plant breeders’ rights
- 3Grant on application.
- 4Conditions for the grant of rights.
- 5Rights in relation to application period.
- Scope of plant breeders’ rights
- 6Protected variety.
- 7Dependent varieties.
- Exceptions
- 8General exceptions.
- 9Farm saved seed.
- 10Exhaustion of rights.
- Duration and transmission of plant breeders’ rights
- 11Duration.
- 12Transmission.
- Remedies for infringement
- 13Remedies for infringement.
- 14Presumptions in proceedings relating to harvested material.
- 15Presumptions in proceedings relating to products made from harvested material.
- Duties of holder of plant breeders’ rights
- 16Maintenance of protected variety.
- 17Compulsory licences.
- Naming of protected varieties
- 18Selection and registration of names.
- 19Duty to use registered name.
- 20Improper use of registered name.
- Termination and suspension of plant breeders’ rights
- 21Nullity.
- 22Cancellation.
- 23Suspension.
- Proceedings before the Controller
- 24Right to be heard: general.
- 25Right to be heard: applications for compulsory licences.
- 26Appeals to the Tribunal.
- Discharge of the Controller’s functions
- 27Ministerial guidance.
- 28Regulations.
- 29Fees.
- 30Use of outsiders.
- False information and representations as to rights
- 31False information.
- 32False representations as to rights.
- Miscellaneous
- 33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 34Disclosure of information obtained under section 14 or 15.
- 35Reference collections of plant material.
- General
- 36Offences by bodies corporate, etc.
- 37Jurisdiction in relation to offences.
- 38Interpretation of Part I.
- 39Application of Part I to the Crown.
- 40Application of Part I to existing rights.
- Transition
- 41Varieties of recent creation.
- Part II: The Plant Varieties and Seeds Tribunal
- 42The Tribunal.
- 43Jurisdiction under arbitration agreements.
- 44Statutory jurisdiction: regulations.
- 45Appeals from the Tribunal.
- 46Interpretation of Part II.
- Part III: Miscellaneous and general
- Miscellaneous
- 47Extension of time limit for institution of proceedings for contravention of seeds regulations.
- General
- 48Regulations and orders.
- 49General interpretation.
- 50Receipts.
- 51Consequential amendments.
- 52Repeals.
- 53Extent.
- 54Short title and commencement.
- Schedule 1: The Plant Variety Rights Office
- Staff
- 1Paragraph 1
- Remuneration
- 2Paragraph 2
- Authority of officers
- 3Paragraph 3
- Proof of documents
- 4Paragraph 4
- 5Paragraph 5
- Schedule 2: Conditions for the grant of plant breeders’ rights
- Part I: Criteria for grant of rights
- Distinctness
- 1Paragraph 1
- Uniformity
- 2Paragraph 2
- Stability
- 3Paragraph 3
- Novelty
- 4Paragraph 4
- Part II: Priorities between applicants for rights
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule 3: The Plant Varieties and Seeds Tribunal
- Constitution of the Tribunal
- 1Paragraph 1
- Chairman
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- The two panels
- 7Paragraph 7
- Selection from the panels
- 8Paragraph 8
- Sittings of the Tribunal
- 9Paragraph 9
- Decisions of the Tribunal
- 10Paragraph 10
- Costs
- 11Paragraph 11
- 12Paragraph 12
- Rules
- 13Paragraph 13
- Remuneration of Tribunal members
- 14Paragraph 14
- Officers and servants
- 15Paragraph 15
- Interpretation
- 16Paragraph 16
- Schedule 4Repeals