Brexit update – do you need to act?

After the UK leaves the EU on 31st January, it will no longer be possible for any UK-based EU PVR owner or procedural representative to act before the Community Plant Variety Office. This is because EU law requires all PVR owners and applicants to have a procedural representative domiciled inside the EU – and the UK will no longer be inside the EU from 11pm on 31^st January.

In fact, the CPVO has warned that, without a procedural representative domiciled inside the EU, UK rights holders and representatives risk their rights and applications being cancelled in February!

To circumvent this problem, we have established a new Dutch company, called Plants for Europe B.V.

We have established this company expressly to manage EU Plant Variety Rights on behalf of existing and future clients. We are now the only plant breeders’ agent with entities in the UK and in the EU, which means we are uniquely placed to serve our customers.

In order to transfer representation to Plants For Europe B.V., the CPVO requires a new “Designation of Procedural Representative” document. This document must be submitted by January 31st. we have written to all of our clients with the required document for them to sign.

But, if you are not one of our clients, we can offer our procedural representation service to you. Contact us immediately so that we can prepare the necessary paperwork for submission. Our fees for this service are extremely reasonable – cheaper than any lawyer and cheaper than renting a PO Box (we know – we checked!).

After Brexit Day, all EU Plant Variety Rights cease to be enforceable in the United Kingdom. Of course, the EU right continues unchanged and remains enforceable in the rest of the EU.

The British government has enacted legislation so that, on Brexit Day, a new UK Plant Breeder’s Right will be issued for all varieties that had valid, granted rights on 1 December 2019. The new UK right will have the same expiry dates as the existing EU rights. This process is automatic and free of charge. Rights owners outside the UK will need a procedural representative to act before the British authorities and we will need a signed authority document for that too, in due course. Contact us for details.