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EU Plant Variety Rights and Brexit

From 1 January 2024, existing EU Plant Variety Rights granted by the EU's Community Plant Variety Office (CPVO) which are effective on 31 December 2020 will continue to be protected under UK legislation in the UK for their remaining lifespan. They will be referred to as "Retained EU Plant Variety Rights". The remaining duration in the UK will be calculated from the date the EU right was granted.

In accordance with the Brexit Withdrawal Agreement, the UK's Animal and Plant Health Agency (APHA) will require more information than has been supplied with the EU data transfer, including an address for service in the UK or the name and address of an agent within the UK, for those wishing to continue to hold a Retained EU Plant Variety Right under UK legislation.

In advance of that date, APHA strongly advises that Holders of Retained EU Plant Variety Rights confirm that they wish to continue holding that Right under UK legislation or choose to surrender that Right. For information received by 17th March 2023, the Right will be issued with a UK grant number and the information will be added to the database and published in the April or May editions of the Gazette and Special Edition.

Handsome I.P. are able to act as the Address for Service/Agent for these Retained EU Plant Variety Rights and to deal with APHA are your behalf. Please contact us for more information.

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