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J A Kemp: Retained EU Plant Variety Rights – 29 Feb 2024 Deadline

Member News
J A KEMP LLP J A KEMP LLP
The views expressed in this Member News article are the author's own and do not necessarily represent those of Agri-TechE.

European Union Plant Variety Rights (EU PVRs) granted by the Community Plant Variety Office (CPVO) before 31 December 2020 have continued to retain protection under UK legislation, and these are known as “Retained EU PVRs”. Urgent action may soon be required by rights holders to avoid unintended termination of their Retained EU PVRs.

Since Brexit, the Animal & Plant Health Agency (APHA) has migrated EU PVRs onto a UK database. In order to complete this process, APHA has formally requested holders of Retained EU PVRs to take the following steps by 29 February 2024:

(1) confirm that they hold Retained EU PVRs;

(2) confirm the varieties for which they want to continue to hold rights;

(3) provide a UK address for service, or the name and address of a UK agent; and

(4) provide details of any changes to ownership since 31 December 2020.

More details regarding this process can be found here.

If holders fail to provide the above information by 29 February 2024, their Retained EU PVRs may be terminated (where the Controller of the PVR Office is satisfied that the holders have failed to comply with this request).

If you wish to continue holding one or more Retained EU PVRs in the UK and have yet to provide the above information to APHA, or if you have any questions, please contact J A Kemp’s PVRs team as soon as possible.