02/02/2024
On 31 December 2020, the UK formally left the European Union (EU) single market and customs union – a process known informally as “Brexit”. Plant varieties which were protected by EU Community Plant Variety Rights (CPVRs) granted on or before that date were automatically afforded corresponding UK rights, called “Retained EU Plant Variety Rights” (aka UK plant variety right “Brexit clones”). The UK’s Animal & Plant Health Agency (APHA) advised that right holders wishing to keep their Retained EU Plant Variety Rights in force should, by 1 January 2024, provide details of a name and address of an agent in the UK together with a signed authorisation of agent form.
In a recent letter (see here), the APHA has now set what seems to be a final deadline of 29 February 2024 for right holders to provide agent information and supporting documentation for their Retained EU Plant Variety Rights. Failure to do so may result in the Rights being terminated.
Currently there are no renewal fees payable in respect of Retained EU Plant Variety Rights (or UK Plant Variety Rights obtained via the national route), so after appointing a UK agent the Rights can continue to remain in force for the maximum duration of the underlying CPVRs.
If you require further information or any advice in relation to this matter, please contact us.
