The Plant Breeders' Rights (Fees) Regulations 1990

• Citation: S.I. 1990/618
• Sections: 31

Section 1 Title and commencement

These Regulations may be cited as the Plant Breeders' Rights (Fees) Regulations 1990 and shall come into force on 6th April 1990.

Section 2 Interpretation

(1) In these Regulations–

“ the Act ” means the Plant Varieties and Seeds Act 1964;

“ the Controller ” means the Controller of Plant Variety Rights;

“plant breeders' rights” means rights which may be granted in accordance with Part I of the Act;

“the principal Regulations ” means the Plant Breeders' Rights Regulations 1978 ;

“renewal fee” means a fee payable in respect of the continued exercise of plant breeders' rights in a plant variety.

(2) Any reference in these Regulations to “the Schedule” shall be construed as a reference to the Schedule to these Regulations.

Section 3 Payment of Fees

(1) There shall be paid to the Controller in respect of matters relating to plant breeders' rights arising under the Act or the principal Regulations–

(a) a fee on making an application for a grant of plant breeders' rights, being the new fee set out in the second column of Part I of the Schedule opposite the reference in the first column of the said Part I to the plant variety of the kind to which the application relates, such fee being payable on making the application;

(b) a fee payable in respect of tests or examination of a plant variety which is the subject of an application for a grant of plant breeder’s rights, being the new fee set out in the third column of Part II of the Schedule opposite the reference in the first column of the said Part II to the plant variety of the kind to which the tests or examination relate, such fee being payable for the tests or examination referred to in the second column of the said Part II and so payable within fourteen days of a written demand made by the Controller;

(c) a renewal fee, being the new fee set out in the second column of Part III of the Schedule opposite the reference in the first column of the said Part III to the plant variety of the kind for which the rights were granted, such fee being due on, but not payable more than three months before, the anniversary of the date of the grant of the rights with which the particular year begins or within such later period as may have been allowed by the Controller;

(d) the fees payable in respect of the matters referred to in the first column of Part IV of the Schedule, being the new fees set out in the third column of the said Part IV opposite the respective references to those matters, such fees being payable at the times specified in respect of each such matter in the second column of the said Part IV.

Section 4 Renewal Fees

(1) The renewal fee shall be paid only by the holder of the plant breeders' rights or by a person acting on his behalf, being either an agent duly authorised in accordance with regulation 16 of the principal Regulations or a person who shall deliver to the Controller with the fee an authority in writing to pay the same, signed by the holder of the rights and if any such fee is tendered or paid otherwise than in accordance with this paragraph, the liability to pay the same shall not be regarded as having been thereby discharged.

(2) In a case where the period for which any plant breeders' rights are exercisable has been terminated in accordance with the principal Regulations on the ground that a renewal fee has not been paid, there shall only be recoverable by the Controller such a proportion of that fee as the period during which those rights have continued to be enjoyed since the date the fee became payable bears to the period of 12 months.

(3) Notwithstanding regulation 3 above and paragraph (2) of this regulation, in a case where the period for which any plant breeders' rights are exercisable has been terminated in accordance with the principal Regulations on the ground that a renewal fee has not been paid and–

(a) the person entitled to exercise those rights has, not later than fourteen days before the date when that fee became payable, informed the Controller that he did not propose to exercise any of those rights at any time after that date, and

(b) that person has not exercised any of the rights during the period beginning with the date from when the fee became payable and ending with the date when the period for which the rights are exercisable was terminated,

the Controller shall not be entitled to recover from such person, by any legal proceedings or otherwise, the fee or any part of it.

Section 5 Revocation

The Plant Breeders' Rights (Fees) Regulations 1987 , the Plant Breeders' Rights (Fees) (Amendment) Regulations 1988 and the Plant Breeders' Rights (Fees) (Amendment) Regulations 1989 are revoked.

Section 1

A rose variety

Section 1

A wheat (excluding durum wheat and spelt wheat) or barley variety

Section 1

A rose variety

Section 1

Application for a compulsory licence

Section 2

Any other decorative variety (excluding chrysanthemum)

Section 2

Any other cereal variety

Section 2

A chrysanthemum variety

Section 2

Application to extend, limit, vary or revoke a compulsory licence

Section 3

Any other variety not mentioned above (including chrysanthemum)

Section 3

A field pea or field bean variety

Section 3

Any other decorative variety

Section 3

Making representations in writing to the Controller in connection with any application, or in connection with a proposal to terminate any plant breeders' rights or to revoke or terminate any extension of such rights

Section 4

A potato or oilseed rape variety

Section 4

Any other variety not mentioned above

Section 4

Attending to be heard by the Controller or by a person appointed by him for the purpose

Section 5

A herbage or fodder (including fenugreek) or any other vegetable or oil and fibre variety

Section 5

Grant of plant breeders' rights in–

Section 6

A rose variety

Section 6

Giving a protective direction

Section 7

A year-round perennial chrysanthemum variety

Section 7

Payment of a renewal fee after the expiration of 7 days from the date when it fell due, except in a case where an application has been made for the period for payment to be extended

Section 8

A cymbidium variety

Section 8

Application for the approval of a substituted name for a plant variety

Section 9

Any other variety not mentioned above (including a decorative or fruit) variety

Section 9

Registration of title and amendment of the register of plant varieties on a transfer of plant breeders' rights or a share in such rights

Section 10

Purchase of a report from a testing authority in another country