Paragraph 1

If the variety was independently bred or discovered by two or more persons, the first of those persons F1(and any successors in title of theirs) who makes an application relating to the variety F2under this Act shall be the person entitled to a grant of plant breeders’ rights.

As between two persons making applications on the same date, the one who was first in a position to make a valid application for the grant of plant breeders’ rights (or would have been first in that position if Part I of this Act and the relevant scheme had always been in force) shall be the person entitled to a grant of plant breeders’ rights.