Regulation 14 Naming of a population

(1)

A participant who intends to market a population developed under the experiment must propose to the Secretary of State a name for the population, which must end with the word “population”.

(2)

If satisfied that the name is suitable, the Secretary of State may authorise its use.

(3)

For the purposes of this regulation, a name is not suitable if the Secretary of State is satisfied that—

(a)

its use in the territory of the United Kingdom is precluded by a prior right of a third party;

(b)

it may commonly cause users difficulties as regards recognition or reproduction;

(c)

it is identical to or may be confused with the name of a plant variety or another population;

(d)

it is liable to give offence or is contrary to the public interest;

(e)

it is liable to mislead or cause confusion concerning the characteristics, value or identity of the population;

(f)

it is liable to convey a false impression that the population is related to or derived from a variety other than those varieties used to create the population;

(g)

it refers to a characteristic or value in a way which is liable to give a false impression that only that population possesses it, when other varieties or populations also possess the same characteristic or value;

(h)

its similarity to a well-known trading name suggests that the population is a different population or a variety, or is liable to mislead the public as to the identity of the participant or the maintainer;

(i)

it consists of or contains comparatives or superlatives;

(j)

it includes a geographical name which is liable to mislead the public as to the characteristics or value of the population.