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Plant Breeders' Rights (Information Notices) Regulations 1998 (S.I. No. 1024 of 1998).

Country/Territory
United Kingdom
Document type
Regulation
Date
1998
Source
FAO, FAOLEX
Subject
Cultivated plants
Keyword
Plant production Plant variety Intellectual property rights/patents
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 8 May 1998.
Abstract

Section 14(2) of the Plant Varieties Act 1997 provides that, in infringement proceedings, certain presumptions apply in respect of harvested material which is the subject of an information notice if the information requested in the notice is not provided within a prescribed period. The presumptions are that the material was obtained through unauthorized use of propagating material and that the holder of plant breeders' rights in the material did not have a reasonable opportunity before the material was obtained to exercise his rights in relation to the unauthorized use of the propagating material. These Regulations prescribe the form of an information notice, the information, which is to be requested in an information notice, and certain other particulars, which must be included in an information notice. An information notice for the purposes of section 14(4) of the Act (harvested material) - (a) shall be in the form set out in the Schedule to these Regulations; (b) shall contain the following particulars: (a) the registered name of the variety; (b) the species of the variety; (c) the date on which plant breeders' rights were granted in the variety; (d) confirmation that the rights were granted under the Act; (e) the name and address of the holder of rights; (f) the name and address of the agent of the holder of rights, if one has been appointed; and (g) the date on which the information notice was served.

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

Implemented by

Plant Breeders' Rights (Information Notices) (Extension to European Community Plant Variety Rights) Regulations 1998 (S.I. No. 1023 of 1998).

Legislation | United Kingdom | 1998

Keyword: Plant production, Plant variety, Intellectual property rights/patents, Data collection/reporting

Source: FAO, FAOLEX

Amended by

Plant Breeders' Rights (Information Notices) (Extension to European Community Plant Variety Rights) Regulations 1998 (S.I. No. 1023 of 1998).

Legislation | United Kingdom | 1998

Keyword: Plant production, Plant variety, Intellectual property rights/patents, Data collection/reporting

Source: FAO, FAOLEX

The Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2019 (S:I. No. 204 of 2019).

Legislation | United Kingdom | 2019

Keyword: Breeders' rights/farmers' rights, Genetic resources, Intellectual property rights/patents, Plant production, Plant protection, Biotechnology, Plant variety

Source: FAO, FAOLEX