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.