PBRs and Defra’s latest EPR Update
Posted in Industry NewsIP Law and Administration on 28 March 2024
Plants for Europe has today read the latest update from Defra on the Extended Producer Responsibility (EPR) guidelines for packaging in the UK.
Following the announcement of the regulations in 2022, there was concern as to how registered plant names and Plant Breeder’s Rights (PBR) would interact with EPR, and whether the owner of the PBR could become responsible for reporting and paying for the packaging their varieties were sold in.
What is EPR?
Extended Producer Responsibility (EPR) is new legislation in the UK that will mean organisations responsible for packaging may need to report their packaging data, and potentially pay a charge to the environmental regulator.
Will PBR owners be responsible?
In short, Defra has confirmed that being the owner of a PBR does not equate to being a brand owner, and as such the PBR owner will not be responsible for EPR.
However, if the plant name is a registered trademark, the owner of the trademark may have EPR obligations.
Having supported the HTA and Defra to come to a workable solution in relation to Plant Breeder’s Rights (PBR), we’re pleased to see today’s result.
Defra’s full statement is as follows. Thank you to the HTA for publishing this in full:
“Being the owner of the Plant Breeder Rights does not equate to being a brand owner for the purposes of packaging extended producer responsibility. The Packaging Waste (Data Reporting) (England) Regulations 2023 defines a brand as ‘a brand name, trademark or other distinctive mark’, as the registered name of the plant does not constitute any of these things, we do not consider a plant name to constitute a brand where it is listed on the packaging for the purposes of compliance with the Plant Varieties Act 1997.”
“However, it is important to note that if the plant name is also a registered trademark, this would be considered a brand and as such the owner of the trade mark may have obligations under The Packaging Waste (Data Reporting) (England) Regulations 2023.”
For the full details on who is affected and what to do, visit the gov.uk website.
If you have any queries on how trademark owners will be affected, please feel free to contact us, and we’ll be delighted to help.