International
Asia Pacific
EMEA
North America
Latin America
From 1 January 2024, all holders of Retained EU PVRs are required to have a UK address for service or, if the holder is not based in the UK, to appoint a UK agent. In advance of the 1 January 2024 deadline, the UK PVR authority, the Animal and Plant Health Agency (“APHA”), has written to relevant stakeholders to request certain information to expedite the process.
From 1 January 2021, Community Plant Variety Rights (“CPVRs”) which were granted before Brexit (i.e. on or before 31 December 2020) were automatically brought over onto the UK PVR register and “cloned” into UK PVRs. Such automatically cloned UK PVRs are known as "Retained EU Plant Variety Rights" in the UK.
For further information on the impact of Brexit on UK PVRs and CPVRs generally, please see our previous article here: EU: Navigating the impact of Brexit on your plant variety rights portfolio.
In summary:
In light of the above, all holders of Retained EU PVRs that wish to maintain their UK rights should take steps to provide the required information to APHA in advance of the 1 January 2024 deadline. We would recommend doing so in good time before the deadline to avoid any delays caused by the inevitable capacity crunch at APHA as the deadline approaches.
If you require any further information or assistance, please contact Tanvi Shah, Senior Associate (Tanvi.Shah@bakermckenzie.com) and Bryan Poon, Associate (Bryan.Poon@bakermckenzie.com).
Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.
Are you sure want to delete comment ?
Scan this QR Code to share this content
