The Plant Breeders' Rights (Information Notices) Regulations 1998

• Citation: S.I. 1998/1024
• Sections: 15

Section 1 Title and commencement

These Regulations may be cited as the Plant Breeders' Rights (Information Notices) Regulations 1998 and shall come into force on 8th May 1998.

Section 2 Interpretation

(1) In these Regulations—

“ the Act ” means the Plant Varieties Act 1997; and

“the holder of rights” in relation to a variety means the holder of plant breeders' rights in that variety.

(2) Unless the context otherwise requires, any reference in these Regulations in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.

Section 3 Information notice as to harvested material

(1) 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 particulars set out in paragraph (2); and

(c) shall contain a request for the information set out in paragraph (3).

(2) The particulars referred to in paragraph (1)(b) are—

(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.

(3) The information referred to in paragraph (1)(c) is—

(a) the name and address of the recipient of the information notice;

(b) the name and address of the person from whom the recipient of the information notice acquired possession of the material specified in the information notice;

(c) the date on which the recipient of the information notice acquired possession of the material specified in the information notice; and

(d) the size of the consignment of which the material specified in the information notice formed part.

Section 4 Prescribed time

The prescribed time for the purposes of section 14(2)(b) of the Act (presumptions in proceedings relating to harvested material) is 21 days.

Section 1

Registered name of the variety.

Section 1

Your name and address.

Section 2

Species of the variety.

Section 2

Name and address of person from whom you acquired ownership of the material specified in Part 2 of this Notice.

Section 3

Date on which plant breeders' rights were granted in the variety.

Section 3

Date on which you acquired possession of the material specified in Part 2 of this Notice.

Section 4

Confirmation that the plant breeders' rights were granted under the Plant Varieties Act 1997.

Section 4

Size of the consignment of which the material specified in Part 2 of this Notice formed part.

Section 5

Name and address of holder of rights in the variety.

Section 6

Name and address of agent of holder of rights in the variety, if one has been appointed.

Section 7

Date on which this notice was served.