Since 1 February 2020, the United Kingdom has withdrawn from the European Union and has become a ‘third country’. The Withdrawal Agreement provides for a transition period ending on 31 December 2020. Until that date, EU law in its entirety applies to and in the United Kingdom.
During the transition period, it is “business as usual” for applicants and plant variety right holders in the EU. Once the transition period will end, applicants and holders of Community plant variety rights established in the United Kingdom will have to designate a procedural representative domiciled or having a seat in the EU territory. Until the end of the transition period, neither a refusal of applications nor the cancellation of existing rights will occur based on the non-designation of a procedural representative in EU27 for UK applicants/holders or applicants/holders represented by UK procedural representatives.
The designation agreements that the CPVO had entered into with the UK based examination offices expired on the date of the United Kingdom’s departure from the European Union on 31 January 2020. As a consequence, DUS reports established by the UK examination offices cannot be used anymore by the CPVO as basis for granting a Community plant variety right.
The CPVO has compiled Brexit-related information relevant to stakeholders, accessible here.