Statutory Instruments
1997 No. 382
PLANT BREEDERS’ RIGHTS
The Plant Breeders’ Rights (Fees) (Amendment) Regulations 1997
Made
18th February 1997
Laid before Parliament
20th February 1997
Coming into force
1st April 1997
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales and the Secretary of State for Northern Ireland, acting jointly, as respects the United Kingdom, in exercise of the powers conferred on them by sections 9(1) and 36 of the Plant Varieties and Seeds Act 1964(1) as extended to Northern Ireland(2), and the said Minister and the Secretary of State, acting jointly, as respects the Isle of Man, in exercise of the said powers as extended to the Isle of Man(3), and in exercise of all other powers enabling them in that behalf, with the approval of the Treasury in accordance with section 9(1) of that Act, hereby make the following Regulations:
Title and commencement
1. These Regulations may be cited as the Plant Breeders’ Rights (Fees) (Amendment) Regulations 1997 and shall come into force on 1st April 1997.
Amendment of the Plant Breeders’ Rights (Fees) Regulations 1990
2. The Plant Breeders’ Rights (Fees) Regulations 1990(4) shall be amended as follows—
(a)in regulation 4 (renewal fees), paragraphs (2) and (3) shall be omitted;
(b)for the Schedule there shall be substituted the Schedule set out in the Schedule to these Regulations.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
13th February 1997
Lindsay
Parliamentary Under Secretary of State, Scottish Office
14th February 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
17th February 1997
Denton
Parliamentary Under Secretary of State, Northern Ireland Office
13th February 1997
Michael Howard
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
17th February 1997
We approve,
Richard Ottaway
Patrick McLoughlin
Two of the Lords Commissioners of Her Majesty’s Treasury
18th February 1997
Regulation 2
SCHEDULESCHEDULE TO BE SUBSTITUTED FOR THE SCHEDULE TO THE PLANT BREEDERS’ RIGHTS (FEES) REGULATIONS 1990
Regulation 3(1)
“SCHEDULEFEES
PART IFEES PAYABLE ON AN APPLICATION FOR A GRANT OF PLANT BREEDERS’ RIGHTS
Plant variety
Amount
New fee
Old fee
£
£a
a
Note: The figures in italics are the fees which were charged under the Plant Breeders’ Rights (Fees) Regulations 1990 (S.I. 1990/618) as amended by the Plant Breeders’ Rights (Fees) (Amendment) Regulations 1994 (S.I. 1994/675) before the coming into force of the Plant Breeders’ Rights (Fees) (Amendment) Regulations 1997 (S.I. 1997/382) on 1st April 1997.
1. A rose variety
50
(45)
2. A chrysanthemum variety
250
(245)
3. Any other decorative variety
125
(120)
4. Any other variety
250
(245)
PART IIFEES PAYABLE IN RESPECT OF TESTS OR EXAMINATION OF A PLANT VARIETY WHICH IS THE SUBJECT OF AN APPLICATION FOR A GRANT OF PLANT BREEDERS’ RIGHTS
Plant variety
Test or examination for which payable
Amount
New fee
Old fee
£
£a
a
Note: The figures in italics are the fees which were charged under the Plant Breeders’ Rights (Fees) Regulations 1990 as amended by the Plant Breeders’ Rights (Fees) (Amendment) Regulations 1994 (S.I. 1994/675) and the Plant Breeders’ Rights (Fees) (Amendment) Regulations 1995 (S.I. 1995/606) before the coming into force of the Plant Breeders’ Rights (Fees) (Amendment) Regulations 1997 (S.I. 1997/382) on 1st April 1997.
1. A cereal (excluding maize) variety
Tests in any one year
685
(665)
2. A maize variety
Tests in any one year
420
(410)
3. A potato variety
Tests in any one year
640
(620)
4. A beetroot, Brussels sprout, cabbage, celery, fenugreek, leek, turnip or fodder variety
Tests in any one year
595
(580)
5. A herbage variety
Tests in any one year
420
(410)
6. A field pea, vegetable pea, field bean or broad bean variety
Tests in any one year
510
(495)
7. An oil and fibre (including oilseed rape) variety
Tests in any one year
420
(410)
8. A rose variety
Tests in any one year
80
(75)
9. A year-round perennial chrysanthemum variety
Tests in each flowering season
170
(165)
10. Any other chrysanthemum variety
Tests in any one year
170
(165)
11. A cymbidium variety
Each examination
215
(210)
12. A fruit variety
Tests in any one year
170
(165)
13. Any other variety
Tests in any one year
215
(210)
PART IIIRENEWAL FEES
Plant variety
Amount each year
New standard fee
New reduced fee
Old standard fee
Old reduced fee
£
£
£a
£a
a
Note: The figures in italics are the fees which were charged under the Plant Breeders’ Rights (Fees) Regulations 1990 as amended by the Plant Breeders’ Rights (Fees) (Amendment) Regulations 1994 (S.I. 1994/675) and the Plant Breeders’ Rights (Fees) (Amendment) (No. 2) Regulations 1995 (S.I. 1995/2947) before the coming into force of the Plant Breeders’ Rights (Fees) (Amendment) Regulations 1997 (S.I. 1997/382) on 1st April 1997.
1. A rose variety
50
25
(45)
(25)
2. A chrysanthemum variety
305
155
(295)
(150)
3. Any other decorative variety
160
80
(155)
(80)
4. A vegetable variety (excluding a vegetable pea or broad bean variety)
155
80
(150)
(75)
5. A fruit variety
305
155
(295)
(150)
6. Any other variety (including a vegetable pea or broad bean variety)
400
200
(390)
(195)
PART IVFEES PAYABLE IN RESPECT OF OTHER MATTERS
Matter
When payable
Amount
New fee
Old fee
£
£a
a
Note: The figures in italics are the fees which were charged under the Plant Breeders’ Rights (Fees) Regulations 1990 as amended by the Plant Breeders’ Rights (Fees) (Amendment) Regulations 1994 (S.I. 1994/675) before the coming into force of the Plant Breeders’ Rights (Fees) (Amendment) Regulations 1997 (S.I. 1997/382) on 1st April 1997.”
1. Application for a compulsory licence
On making the application
50
(50)
2. Application to extend, limit, vary or revoke a compulsory licence
On making the application
50
(50)
3. Making representations in writing to the Controller in connection with any application, or in connection with a proposal to terminate any plant breeders’ rights or to revoke or terminate any extension of such rights
On delivering the representations
25
(25)
4. Attending to be heard by the Controller or by a person appointed by him for the purpose
Before the hearing
50
(50)
5. Grant of plant breeders’ rights in—
(a)a variety referred to in item 1 in Part I of this Schedule
Before the issue of the document constituting evidence of the grant
40
(35)
(b)a variety referred to in item 3 in Part I of this Schedule
110
(105)
(c)a variety referred to in item 2 or item 4 in Part I of this Schedule
135
(130)
6. Giving a protective direction
Before the issue of the document constituting evidence of the giving of the protective direction
25
(25)
7. Payment of a renewal fee after the expiration of 7 days from the date when it fell due, except in a case where an application has been made for the period for payment to be extended
On payment of the renewal fee
25
(25)
8. Application for the approval of a substituted name for a plant variety
On making the application
25
(25)
9. Registration of title and amendment of the register of plant varieties on a transfer of plant breeders’ rights or a share in such rights
On making the application for registration
25
(25)
10. Purchase of a report from a testing authority in another country
Within 14 days of demand by the Controller
180
(165)
Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the Plant Breeders’ Rights (Fees) Regulations 1990 by prescribing revised fees in respect of matters arising under the Plant Breeders’ Rights Regulations 1978 (as amended) (regulation 2(b)).
The matters in respect of which the revised fees are prescribed are listed in the Schedule to these Regulations, and the fees which were chargeable before these Regulations came into force are printed in italics beside the revised fees.
Application, test, grant and renewal fees have been increased by 3 per cent, rounded to the nearest £5, except for roses where the increase is £5. The fee for the purchase of a report from a testing authority in another country has been increased to accord with the international charge of 350 Swiss Francs. The remaining fees payable in respect of other matters are unchanged.
The Regulations also remove the provision for proportionate renewal fees to be paid during the period between the date the renewal fee becomes due and the date of termination of plant breeders’ rights for non-payment of the fee (regulation 2(a)).
A Compliance Cost Assessment has been prepared and placed in the libraries of both Houses of Parliament. Copies can be obtained from the Plant Variety Rights Office and Seeds Division of the Ministry of Agriculture, Fisheries and Food, White House Lane, Huntingdon Road, Cambridge CB3 0LF.
(1)
1964 c. 14; see section 38(1) (as amended by S.I. 1978/272 and as read with section 39(3)(a)(ii)) for the definition of “the Ministers”.
(2)
S.I. 1964/1574.
(3)
S.I. 1969/1829.
(4)
S.I. 1990/618, amended by S.I. 1994/675 and 1995/606 and 2947.
