What UK Plant Varieties Act 1997: Plant Breeders' Rights, the DUS and Novelty Conditions, Exceptions and Compulsory Licences requires
The Plant Varieties Act 1997 governs the grant and protection of plant breeders' rights in the United Kingdom, the intellectual-property regime that gives the breeder of a new plant variety exclusive control over its propagating material, administered by the Plant Variety Rights Office and the Controller. Section 2 establishes the Plant Variety Rights Office and the office of Controller. Section 3 provides for the grant of plant breeders' rights on application, and section 4 sets the conditions for the grant: the variety must be distinct, uniform and stable (the DUS criteria) and must be new, with the detailed criteria set out in Schedule 2. Section 6 defines the protected variety and the acts in respect of propagating material that require the authorisation of the holder, and section 7 extends protection to dependent varieties, including essentially derived varieties. Sections 8 to 10 set out the limits on the rights: section 8 provides general exceptions (including acts done privately and for non-commercial purposes and for experimental purposes), section 9 provides the farm saved seed exception allowing farmers to use saved seed of certain species subject to remuneration, and section 10 provides for exhaustion of rights. Section 11 fixes the duration of the rights. Section 17 provides for compulsory licences in the public interest. Appeals lie to the Plant Varieties and Seeds Tribunal under section 26, and section 42 provides for the Tribunal. The Act is the legal basis of the United Kingdom plant breeders' rights system and implements the country's obligations under the UPOV Convention.
Pillar: Agriculture & Agritech · Authority: UK Parliament / Plant Variety Rights Office and the Controller · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.uk/ukpga/1997/66/contents
SHA-256 integrity: 25e48cb6e76fba783af923e126c6fb6724159ca4fa6c5b2e1d8ea2fa99195282
Primary Citations — 8 traced to source
- Plant Varieties Act 1997, section 2 - the Plant Variety Rights Office and the Controller.
- Plant Varieties Act 1997, section 3 - grant of plant breeders' rights on application.
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