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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Plant Breeders' Rights (Naming and Fees) Regulations 2006 No. 648 URL: http://www.bailii.org/uk/legis/num_reg/2006/20060648.html |
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| Made | 7th March 2006 | ||
| Laid before Parliament | 10th March 2006 | ||
| Coming into force | 31st March 2006 |
Selection of names for plant varieties
3.
—(1) An applicant for a grant of plant breeders' rights shall, when so required by the Controller and within such time as he may direct, propose a name for the plant variety in respect of which his application is made.
(2) The Controller shall not accept a name proposed in pursuance of paragraph (1) or (3) unless he is satisfied that the name is suitable, having regard to the criteria for determining the suitability of a variety denomination in—
(3) If the Controller does not accept a name proposed for a plant variety in accordance with paragraph (2) he shall inform the applicant of the reason for its rejection and require that the applicant propose within such time as the Controller may specify another name for the plant variety.
(4) Any person may object to the name proposed for a plant variety as being unsuitable, on the basis of the Community provisions referred to in paragraph (2), and may make representations to the Controller within such time as the Controller shall specify in the notice of his proposed decision to allow an application for the grant of plant breeders' rights published by him in accordance with regulation 5(1) of the 1998 Regulations.
(5) Before accepting a name for a plant variety the Controller shall consider any representations which are made to him in accordance with paragraph (4).
(6) If an applicant for a grant of plant breeders' rights fails to propose a name in accordance with the requirements of this regulation the Controller shall not be obliged to take any further steps in relation to the application until those requirements (except as regards the time allowed for compliance) have been complied with.
(7) If, after the service by the Controller on the applicant of a notice informing him of the consequences of a continued failure to comply with any requirement of this regulation, the applicant has not complied with such requirement, within such time, not being less than 14 days, specified in the notice, the application shall be deemed to have been abandoned.
(8) An applicant for a grant of plant breeders' rights or a holder of plant breeders' rights may at any time propose to the Controller a name for the plant variety in respect of which the application is made or plant breeders' rights have been granted in substitution for the name already proposed or accepted for that plant variety and, if the Controller is satisfied that the name proposed is suitable having regard to the Community provisions referred to in paragraph (2)—
(9) In this regulation—
Payment of fees
4.
—(1) The Controller may charge any person a fee in respects of costs the Controller reasonably incurs in—
(2) The Controller may charge any person a fee in respect of costs the Controller reasonably incurs in the administration of plant breeders' rights for a plant variety including in relation to—
(3) The Controller shall specify the date on which a fee shall be due.
(4) If a fee has not been paid by the date specified under paragraph (3), the Controller is not obliged to take any further steps in relation to the matter in respect of which the fee is payable until the fee has been paid.
(5) If a fee payable under regulation 4(1)(a) or 4(2)(a) remains unpaid after the expiry of 28 days beginning with the date of service by the Controller on the applicant of a notice informing him that continued failure to pay the fee may result in his application being refused, the Controller may refuse the application.
Revocation, supplemental and transitional provisions about names
5.
—(1) The following regulations are revoked—
(2) In the 1998 Regulations, for paragraph (c) of the definition of "relevant legislation" substitute—
(3) In sections 19 and 20 of the 1997 Act, references to names registered under section 18 of that Act shall include names accepted pursuant to these Regulations.
(4) All proceedings relating to naming which have been commenced under the 1978 Regulations and which have not been concluded at the date these Regulations come into force shall be treated as having been commenced under these Regulations.
Bach
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs
2nd March 2006
Signed on behalf of the National Assembly for Wales
D. Elis-Thomas
Presiding Officer
7th March 2006
We consent.
Ross Finnie
A member of the Scottish Executive
2nd March 2006
The Department of Agriculture and Rural Development hereby consents to the foregoing Order.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on
14th February 2006
L.S.
D. Small
Senior Officer of the Department of Agriculture and Rural Development
The Regulations enable the Controller to charge a fee for costs reasonably incurred in respect of specified matters relating to plant breeders' rights arising under the Plant Varieties Act 1997 (regulation 4).
They also:
A regulatory impact assessment has not been prepared for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies.
[2] By virtue of articles 2 and 4 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the functions of the Secretary of State for Wales under, inter alia, sections 18, 28 and 29 of the Plant Varieties Act 1997 and the functions of the Ministers under, inter alia, section 48 of that Act, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales and by virtue of article 2(1) of, and the Schedule to, the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141) the remaining functions of the Secretary of State for Wales under the Plant Varieties Act 1997 were transferred to the Minister of Agriculture, Fisheries and Food. By virtue of article 2(5) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794) those functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties Act 1997 exercisable jointly with one or more named Secretaries of State were transferred to the Secretary of State for Environment, Food and Rural Affairs.back
[3] By virtue of article 3 of, and paragraph 3 of Schedule 8 to, the Scotland Act 1998 (Cross-Border Public Authorities)(Adaptation of Functions etc.) Order 1999 (S.I. 1999/1747), the Secretary of State for Scotland ceased to be among the "Ministers" who, acting jointly, may exercise any function under, inter alia, sections 18, 28, 29 and 48 of the Plant Varieties Act 1997 and such functions became exercisable only with the consent of the Scottish Ministers.back
[4] By virtue of article 8(4) of the Northern Ireland Act 1998 (Modification of Enactments) Order 2002 (S.I. 2002/2843), the Secretary of State for Northern Ireland ceased to be among the "Ministers" who, acting jointly, may exercise any function under, inter alia, sections 18, 28, 29 and 48 of the Plant Varieties Act 1997 and such functions became exercisable only with the consent of the Department of Agriculture and Rural Development.back
[5] S.I. 1978/294, amended by S.I. 1998/1027; there are other amending instruments but none is relevant.back
[7] OJ No. L227, 1.9.1994, p.1.back
[8] OJ No. L162, 30.4.2004. p.38.back
[9] OJ No. L108, 5.5.2000, p. 3.back
[10] OJ No. L321, 22.10.2004, p. 29.back
[12] S.I. 1998/1021 as amended by S.I. 2002/1677.back
