Paragraph 1

An applicant for the grant of plant breeders’ rights shall in his application state whether he is also applying for a direction by the Controller under this Schedule (in this Schedule referred to as “a protective direction”) as respects the plant variety to which the application relates.

An applicant applying for a protective direction shall include in the application an undertaking to the effect that, subject to the exceptions in the next following sub-paragraph, in the period between the making of the application and the time when the question whether the application is to be allowed or refused is finally determined (or, if the undertaking is discharged under this Schedule at an earlier time, until that earlier time) no plants of the plant variety, and no material forming part of, or derived from, plants of that variety, will be offered or exposed for sale or sold in the United Kingdom by the applicant or with his consent.

An undertaking under this paragraph shall not prevent F1the making of any offer F2or exposure for sale or sale which in the period before the application would be permitted by sub-paragraphs (3), (4) or (5) of paragraph 2 of Part II of Schedule 2 to this Act, . . . F3

If the Controller is satisfied that the applicant has duly given the undertaking, and that he has furnished the Controller all such information, facilities and material as the Controller may require for the purposes of the application for the grant of plant breeders’ rights, the Controller may, if he thinks fit, give a protective direction.

The Controller may refuse a protective direction if there is any evidence before him which tends to show that the applicant, or the person whose successor in title the applicant claims to be, is not the person who bred or discovered the plant variety to which the application relates F4or that the rule set out in paragraph 2 of Part II of Schedule 2 to this Act is not complied with in the case of the variety.

An appeal shall lie to the Tribunal against a decision to give or refuse a protective direction.