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