# The Seeds (Variety Lists) Regulations (Northern Ireland) 2020, Regulation 7: Naming of plant varieties


(1) A name of a plant variety, other than a conservation variety, is suitable for publication in the Gazette if—
(a) the name is not unsuitable as described in paragraph (3); and
(b) in respect of a plant variety known at the time the Department determine an application for its acceptance on to an NI Variety List, the name of the variety is so far as it can be, the name under which the plant variety is already known at that time.
(2) A name of a plant variety of a conservation variety is suitable for publication in the Gazette if the name is not unsuitable as described in paragraph (3)(a), (e) or (f).
(3) For the purposes of this regulation a name of any plant variety is unsuitable if the Department is satisfied that—
(a) its use in the territory of the European Union is precluded as provided in Article 2 of the Commission Regulation (trade mark as prior right of a third party);
(b) it may commonly cause its users difficulties as regards recognition or reproduction;
(c) it is identical or may be confused with a name of another plant variety as specified in Article 4 of the Commission Regulation or regulation 3 of the Plant Breeders’ Rights (Naming and Fees) Regulations 2006;
(d) it is identical to or may be confused with another name commonly used for the marketing of goods, or which is not available by virtue of other legislation;
(e) it is liable to give offence or is contrary to the public interest; or
(f) it is liable to mislead or cause confusion concerning the characteristics, value or identity of the variety.
(4) For the purposes of this regulation a variety is known at the time the Department determine an application for its acceptance on to an NI Variety List if—
(a) it is registered in an official register of plant varieties as defined in Article 4(d) of the Commission Regulation of a member of the International Union for the Protection of New Varieties of Plants;
(b) it has previously been accepted on to an NI Variety List, a GB Variety List or a list in a member State corresponding to a National List or the Common Catalogue;
(c) it is not clearly distinguishable from another variety assessed, with regard to distinctness, stability and uniformity in accordance with rules corresponding to those of the Common Catalogue Directive or the Vegetable Seed Marketing Directive, in a country outside the European Union—
(i) which is a member of the International Union for the Protection of New Varieties of Plants;
(ii) with which there is an agreement in relation to official checks on practices for the maintenance of that other variety in the Annex to the Equivalence Decision; or
(d) it is not clearly distinguishable from a variety previously accepted on to an NI Variety List, a list in a member State corresponding to a National List or the Common Catalogue.
(5) If the Department is aware that seed or propagating material of a plant variety, whose name is suitable for publication in the Gazette, is marketed in a country outside the European Union for commercial purposes under a different name, the Department shall include that name in the reference to the name of the variety on an NI Variety List.
(6) If the Department is satisfied that the name by reference to which the variety was accepted on an NI Variety List was not in accordance with the provisions of this regulation, the Department—
(a) shall adapt the name of the variety on that List to ensure it conforms with those provisions and publish in the Gazette a notice of the adapted name; and
(b) may publish a notice in the Gazette that the name by reference to which the variety was accepted may be used in addition to the adapted name for a period specified in the notice.
(7) The Department shall not grant an application for a change to the name of a variety accepted on to an NI Variety List or a change to the name of a variety proposed in any application for acceptance of a variety on to an NI Variety List unless it is satisfied that the proposed new name complies with the requirements of this regulation.
(8) The Department shall inform the applicant of a decision made by it under this regulation relating to the application and of the reasons for it.
(9) In this regulation “GB Variety List” means any list of varieties of species of agricultural plants and varieties of species of vegetables, prepared and published in accordance with the 2001 Regulations.

---
Source: https://www.legislation.gov.uk/nisr/2020/302/regulation/7 (the official version)
Page: https://openlegislation.uk/seeds-variety-lists-regulations-northern-ireland-2020/regulation-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.