Brexit update - what will happen with your Plant Variety Right?
9/3/2020 | The Brexit has happend, and we are now in the so called 'transition period' that will last untill 31 December 2020. This is what you need to know about your granted Plant Variety Right or application.
Granted varieties: "The holder of a
that has been registered or
granted before the end of the transition period shall, without any re-examination, become the holder of a comparable registered and enforceable intellectual property right in the United Kingdom under the law of the United Kingdom."
This means that all varieties that either have been granted or will be granted before 31 December 2020, will remain protected in the UK under similar conditions. There are no extra costs involved.
Varieties under application: "Where a person has filed an application for a Community plant variety right in accordance
with Union law before the end of the transition period, that person shall have, for the purpose of filing an application for the same plant variety right in the United Kingdom, an ad hoc right of priority in the United Kingdom during a period of 6 months from the end of the transition period.The right of priority shall cause the date of priority of the application for the Community plant variety right to be deemed to be the date of application for a plant variety right in the United Kingdom for the purpose of determining distinctness, novelty and entitlement to the right."
This means that if your plant variety right is not granted before 31 December 2020, and thus still has an application status, a priority application in the UK can be filed within 6 months as from 31 December 2020. The date of application will be the same as the EU application, so any prior sales etc. will not be in danger.
Would you like to know if I think your application will be granted before 31 December 2020? Or would you like to discuss a strategic plan to make sure protection in the UK is taken care of? Please contact me via vera@hortis.nl or +31703193566.
Vorige
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