Plant Breeders' Rights (Information Notices) Regulations 1998 (S.I. No. 1024 of 1998).
Type of law
Regulation
Abstract
Section 14(2) of the Plant Varieties Act 1997 provides that, in infringement proceedings, certain presumptions apply in respect of harvested material which is the subject of an information notice if the information requested in the notice is not provided within a prescribed period. The presumptions are that the material was obtained through unauthorized use of propagating material and that the holder of plant breeders' rights in the material did not have a reasonable opportunity before the material was obtained to exercise his rights in relation to the unauthorized use of the propagating material. These Regulations prescribe the form of an information notice, the information, which is to be requested in an information notice, and certain other particulars, which must be included in an information notice. An information notice for the purposes of section 14(4) of the Act (harvested material) - (a) shall be in the form set out in the Schedule to these Regulations; (b) shall contain the following particulars: (a) the registered name of the variety; (b) the species of the variety; (c) the date on which plant breeders' rights were granted in the variety; (d) confirmation that the rights were granted under the Act; (e) the name and address of the holder of rights; (f) the name and address of the agent of the holder of rights, if one has been appointed; and (g) the date on which the information notice was served.
Attached files
Web site
Date of text
Entry into force notes
Entry into force on 8 May 1998.
Repealed
No
Source language
English
Legislation Amendment
No
Amended by
Implements