Plant Variety Rights and Intellectual Property

Current concern areas in need of detailed consideration now that the Brexit negotiations have begun are:

  • Whether existing PVRs and those in the application process will continue to be enforceable post-Brexit.
  • The presumption that if not, there will be no ability to reapply because novelty criteria could not be met.
  • The cost implications of applying to more than one system and also if royalties could not be enforced.
  •  The possibility that new varieties from third countries would not become available to UK growers resulting in a shift of production to European countries  (eg the Netherlands).
  • The fact that the current legislation would not allow a “procedural representative” to be based outside a Member State.
  • The potential implications for other intellectual property such as trademarks.  

 

Defra confirmed that there is no sense of priority within the EU to bring back a new proposed Regulation.