The full list of registered Community plant variety rights that have been granted a corresponding UK right can now be found on the UK government website here. Owners of granted CPVRs should consult this list, to make sure that their rights have been accurately brought over to the UK register.
- As explored in more detail in the previous article here, any owner of a CPVR which was granted before the end of December 2020 will automatically own a corresponding plant breeders right in the UK.
- Now that the complete list of CPVRs that have been granted a corresponding UK right has been made available, it is important for CPVR owners to double check this list to make sure their rights have been brought over into this register, and that they are listed with the correct details.
- Any rightsholders who now own new UK PBR registrations should ensure their own records are updated so that their new UK rights are being tracked. At present, there is no annual charge for the maintenance of UK plant breeders rights.
- Unless domiciled in the UK, after three years rightsholders will need to appoint a representative who is based in the UK to manage any UK PBRs.
- Any new CPVR applications (or applications which were applied for but not granted by the end of December 2020) will not cover the UK. To benefit from protection in the UK, a separate UK PBR application would need to be made to the UK authorities. To retain the priority of CPVR applications made before December 2020 such application must be made by the end of June 2021.
Plant varieties with EU registered rights that have a corresponding UK right.