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Plant Breeders' Rights (Discontinuation of Prior Use Exemption) Order 2005 (No. 2726 of 2005).

Country/Territory
United Kingdom
Territorial subdivision
England
Document type
Regulation
Date
2005
Source
FAO, FAOLEX
Subject
Cultivated plants
Keyword
Plant production Plant variety Intellectual property rights/patents Planting material/seeds
Geographical area
Atlantic Ocean Islands, Europe, Europe and Central Asia, North Atlantic, North Sea, North-East Atlantic, Northern Europe
Entry into force notes
Entry into force on 7 November 2005.
Abstract

The Order discontinues the prior use exemption in section 9(5) of the Plant Varieties Act 1997. Section 9 (1) provides that plant breeders' rights shall not extend to the use by a farmer for propagating purposes in the field, on his own holding, of the product of the harvest which he has obtained by planting on his own holding propagating material of: (a) the protected variety, or (b) a variety which is essentially derived from the protected variety. This rule did not apply to prior use in virtue of section 9(5).

Full text
English
Website
www.opsi.gov.uk

References - Legislation

Implements

Plant Varieties Act 1997.

Legislation | United Kingdom | 1997 (2022)

Keyword: Basic legislation, Plant production, Breeders' rights/farmers' rights, Plant variety, Authorization/permit, Registration, Court/tribunal, Smallholders/peasants, Intellectual property rights/patents

Source: FAO, FAOLEX