Section 3 Period for which rights are exercisable.
United Kingdom
A scheme under this Part of this Act shall prescribe the period, being a period not exceeding F130 years, for which plant breeders’ rights are to be exercisable.
As respects F2fruit, forest and ornamental trees and their root-stocks and grapevines and their root-stocks the period so prescribed shall be not less than F325 years, and a statement in a scheme under this Part of this Act to the effect that a species or group of plant varieties falls under this subsection shall be conclusive.
As respects plant varieties not falling under the last foregoing subsection the period so prescribed shall be not less than F420 years.
Subject to the following provisions of this section, the period for which plant breeders’ rights are exercisable shall be the relevant period prescribed by a scheme under this Part of this Act, beginning with the date on which the grant of the plant breeders’ rights by the Controller takes effect.
The holder of plant breeders’ rights may at any time make an application to the Controller offering to surrender his rights and if, after notice of the application has been given in the manner prescribed by regulations under this Part of this Act, and after the procedure so prescribed for hearing any person on whom the right to object is conferred by such regulations has been followed, the Controller is satisfied that the rights may properly be surrendered, he may accept the offer and terminate the period for which the rights are exercisable.
An appeal shall lie to the Tribunal from any decision of the Controller under this subsection.
The Controller shall terminate the period for which any plant breeders’ rights are exercisable if at any time he is satisfied—
that any information submitted in the application for the grant of the rights, or any information submitted by or on behalf of the applicant in connection with the application, was incorrect and that, if the Controller had known before the grant that it was incorrect, he would have refused the grant, or
that facts have been discovered which, if known before the grant, would have resulted in the grant being refused on the grounds that rule 1 or rule 2 in Part II of Schedule 2 to this Act was not satisfied in respect of the plant variety.
An appeal shall lie to the Tribunal against any decision of the Controller to act under subsection (7) . . . F6 of this section.
Annotations
Textual amendments
- F1
Words substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 1(1)(a)
- F2
Words substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 1(2)
- F3
Words substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 1(1)(b)
- F4
Words substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 1(1)(c)
- F5
S. 3(5)(8) repealed (with saving) by Plant Varieties Act 1983 (c. 17, SIF 2:9), ss. 1(3)(5), 6, Sch. 2
- F6
Words repealed (with saving) by Plant Varieties Act 1983 (c. 17, SIF 2:9), ss. 1(3)(5), 6, Sch. 2
Notes on Part I
Textual amendments
- F1
Pt. I repealed (8.5.1998) by 1997 c. 66, s. 52, Sch. 4; S.I. 1998/1028, art. 2