Section 5A Requirement to use registered names on sale of reproductive material.F1

United Kingdom

(1)

Where a name is registered under section 5 of this Act for any plant variety, it shall be unlawful for any person to use, in selling or offering F2or exposing for sale material of that variety being—

(a)

reproductive material; or

(b)

material to which plant breeders’ rights are extended under paragraph 1 of Schedule 3 to this Act.

any name which serves or is intended by him to serve to distinguish that material from material of other plant varieties within the same class but is not the name so registered.

(2)

Subsection (1) of this section shall not apply to a person who reasonably believes that the material is to be exported from Great Britain.

(3)

Subsection (1) of this section shall have effect in relation to any plant variety from the date on which the grant of plant breeders’ right in respect of that variety takes effect, and shall continue to apply after the period for which those rights are exercisable.

C1(4)

Subsection (1) of this section shall not preclude the use, . . . F3, of any trade mark or trade name (whether registered F4. . .or not) F5if—

(a)

that mark or name and the registered name are juxtaposed; and

(b)

the registered name is easily recognisable.

(5)

A person who contravenes this section shall be liable on summary conviction to a fine not exceeding F6level 3 on the standard scale . . . F7; but it shall be a defence in proceedings under this section to prove—

(a)

that the accused took all reasonable precautions against committing an offence of the kind alleged and had not at the time of the alleged offence any reason to suspect that an offence was being committed by him; and

(b)

where the accused obtained the reproductive material to which the alleged offence relates from some other person, that on demand by or on behalf of the prosecutor the accused gave all the information in his power with respect to the name and address of that other person, and with respect to any relevant document in his possession or power relating to the material and the contract of sale.

(6)

Subsection (7) of section 5 of this Act shall apply for the interpretation of this section.

Annotations

Textual amendments

F1: S. 5A inserted by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), s. 43(1)
F2: Words inserted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 2(1)
F3: Words repealed by Plant Varieties Act 1983 (c. 17, SIF 2:9), ss. 4, 6, Sch. 1 para. 2(2), Sch. 2
F4: Words in s. 5A(4) repealed (31.10.1994) by 1994 c. 26, s. 106(2), Sch. 5; S.I. 1994/2550, art. 2
F5: Words (containing s. 5A(4)(a)(b) ) substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 2(2)
F6: Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.), S.I. 1984/703 (N.I. 3), arts. 5, 6
F7: Words repealed by Plant Varieties Act 1983 (c. 17, SIF 2:9), ss. 4, 6, Sch. 1 para. 2(3), Sch. 2

Modifications

C1: S. 5A(4) amended (31.10.1994) by 1994 c. 26, s. 106(1), Sch. 4 para. 1(2); S.I. 1994/2550, art. 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