You appear to be using an older version of Internet Explorer. We suggest you upgrade your browser for the best viewing experience. Upgrade to a Modern Browser
The UK withdrew from the EU (Brexit) on 31 January 2020 but then entered a transition period, during which Community Plant Variety Rights (CPVRs) remained in force in the UK. This period ended at 23:00 (UK time) on 31 December 2020 (“exit day”) so separate PVR protection is now required in the UK.
Relatively little detailed guidance is available on procedures for Plant Variety Rights in the UK from exit day onwards. This is not surprising in view of the fact that very few UK national PVR applications have been filed since the CPVR system came into being (but many more are expected from now on). However, the main points to be aware of are as follows:
Comparable Rights derived from CPVRs
J A Kemp is available as a UK address for service for UK PVRs that have come into being automatically as comparable rights. As noted above, a UK address for service cannot be required immediately but we can still record ourselves as one if clients wish. This may be convenient if we will also be filing new applications based on pending or recently granted CPVRs for the same applicants.
CPVRs pending and granted less than two months before exit day
J A Kemp is also available to re-file these applications with the UK authorities. As noted above, the deadline for this action will be 30 June 2021. However, it would be best to contact us in good time before this deadline.
New stand-alone UK PVR Applications
Where no CPVR application had been filed before exit day, it has now become a necessity to file PVR applications in both the EU and UK, if protection is required in both jurisdictions. J A Kemp remains able to file in both the UK and the EU through our UK and Paris offices respectively.
Please contact Andrew Bentham or your usual J A Kemp adviser if you have any general queries or would like to assess specific implications for your business.