The deadline for rights holders to ‘claim’ UK PBRs is looming

Posted in Industry NewsIP Law and AdministrationPVR Application News on 05 December 2023

UK authority, APHA, has said 8,000-10,000 UK PBRs have not been claimed, ahead of end of year deadline.

 

Did you know that holders of UK Plant Breeder’s Rights (PBRs) need to have a UK address or must appoint a UK-based representative?

Data not transferred during Brexit process

Many hundreds of rights holders were automatically granted new UK PBRs as part of the Brexit process. Anyone who held a valid EU Plant Variety Right (PVR) on 31 January 2020 automatically received a new UK right for their variety, which mirrored the expiry date on their EU PVR.

But the UK authorities (APHA) received just the name and address of the rights holder that the CPVO held on that date. They did not get details of any procedural representative and they have not received notice of any changes of address or ownership.

Two APHA forms to claim UK Plant Breeder's Rights

PBRs must be claimed before the end of the year

APHA has set a deadline of 31 December 2023 for all rights holders who are based outside the UK to either provide a UK address or to appoint a UK agent. Failure to do so will result in the UK PBR being automatically cancelled early in 2024, so the consequences are very serious.

In recent conversations with APHA officials, we have learned that as many as 8,000 to 10,000 UK PBRs have still not yet been “claimed” by their owners.

 

Do you need to claim a PBR?

If you are the holder of a UK Plant Breeder’s Right and are not based in the UK, then we can help you.

We offer a rights management service (without any licensing, royalty collection, marketing or policing) which will satisfy the requirements of the new regime.

If you are interested, please contact us as soon as possible so that the necessary documents can be prepared and submitted before the deadline (31 December 2023).

Get in touch today.


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