Following contact made with Retained EU Plant Variety Rights holders last year, the Animal and Plant Health Agency (APHA) have now started to send final letters to holders of Retained EU Plant Variety Rights indicating that if the UK rights are to be retained a UK address for service must be appointed by 29 February 2024. After this deadline the Controller may proceed to terminate these rights.

Varieties with EU Plant Variety Rights granted by the Community Plant Variety Office (CPVO) effective on 31 December 2020 continue to be protected under UK legislation in the UK for the remainder of their lifespan, and are referred to as “Retained EU Plant Variety Rights”. The remaining term in the UK is calculated from the date the EU right was granted.  The Retained EU Plant Variety Rights can be found here EU plant breeders’ rights transferred to UK – GOV.UK (www.gov.uk) (on the Special edition, tab 6).

What do rights holders need to do?

In advance of 29 February 2024 holders of Retained EU Plant Variety Rights need to provide the following information if they wish to retain their rights in the UK:

• Confirm they are the Holder of Retained EU Plant Variety Rights and confirm if they wish to continue holding their Plant Variety Right(s) and provide a copy of the relevant section of the excel data sheet listing all Retained EU Plant Variety Rights (sent by the APHA to Holders);
• Provide a UK address for service or name and address of an agent in the UK – regardless of whether the Holder of a Retained EU Plant Variety Right is based in the UK or not. Complete and sign an Authorisation of Agent Form (PVS11) accordingly; and
• If the Holder of a Retained Plant Variety Right has changed since 31 December 2020 complete a APHA Assignment of Rights form (PVS10) and provide a copy of the CPVO (Community Plant Variety Rights Office) website page showing that the EU holder of the rights has changed.

What happens if rights holders do not provide the required information?  

If this information is not supplied by 29 February 2024 the Controller of Plant Variety Rights may terminate your Retained EU Plant Variety Right in the UK.

If you have any questions, would like assistance in providing a UK address for service, or require details of a UK-based agent please contact alice.smart@appleyardlees.com and rachel.mercer@appleyardlees.com