The Plant Breeders' Rights (Fees) (Amendment) (No. 2) Regulations 1995

• Citation: S.I. 1995/2947
• Sections: 2

Section 1 Title and commencement

These Regulations may be cited as the Plant Breeders' Rights (Fees) (Amendment) (No. 2) Regulations 1995 and shall come into force on 8th December 1995.

Section 2 Amendment of the Plant Breeders' Rights (Fees) Regulations 1990

The Plant Breeders' Rights (Fees) Regulations 1990 shall be amended as follows—

(a) in regulation 2(1) after the definition of “the Act” there shall be inserted the following definition—

“Community plant variety right” means a right granted in accordance with Council Regulation ( EC ) 2100/94 ;

(b) for sub-paragraph (c) of regulation 3 there shall be substituted the following sub-paragraph—

(c) a renewal fee, being—

(i) in the case of a plant variety in respect of which there is no subsisting Community plant variety right, the fee set out in the second column (Standard fee) 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 plant breeders' rights were granted;

(ii) in the case of a plant variety in respect of which there is a subsisting Community plant variety right, the fee set out in the third column (Reduced fee) 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 plant breeders' rights were granted,

such fee being due on, but not payable more than three months before, each anniversary of the date of the grant of plant breeders' rights or within such later period as may have been allowed by the Controller;

(c) for Part III of the Schedule there shall be substituted the following—

RENEWAL FEES

(1) A rose variety

(2) A chrysanthemum variety

(3) Any other decorative variety

(4) A vegetable variety (excluding a vegetable pea or broad bean variety)

(5) A fruit variety

(6) Any other variety (including a vegetable pea or broad bean variety)