Plant Varieties Act 1997

JurisdictionUK Non-devolved
Citation1997 c. 66
Year1997
(1) Rights, to be known as plant breeders’ rights, may be granted in accordance with this Part of this Act.(2) Plant breeders’ rights may subsist in varieties of all plant genera and species.defined by the expression of the characteristics resulting from a given genotype or combination of genotypes,distinguished from any other plant grouping by the expression of at least one of those characteristics, andconsidered as a unit with regard to its suitability for being propagated unchanged.(1) The office known as the Plant Variety Rights Office shall continue in being for the purposes of this Part of this Act under the immediate control of an officer appointed by the Ministers and known as the Controller of Plant Variety Rights (“the Controller”) .(2) Schedule 1 to this Act (which makes further provision about the Plant Variety Rights Office) shall have effect.(1) Subject to this Part of this Act, plant breeders’ rights shall be granted to an applicant by the Controller on being satisfied that the conditions laid down in section 4 below are met.(2) The Controller may by notice require an applicant for the grant of plant breeders’ rights to provide him, within such time as may be specified in the notice, with such information, documents, plant or other material, facilities or test or trial results relevant to the carrying out of his function under subsection (1) above as may be so specified.(3) If an applicant fails to comply with a notice under subsection (2) above within the period specified in the notice, the Controller may refuse the application.

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