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How to confirm, surrender or transfer rights

Guide to retained EU plant variety rights under UK legislation

Following the withdrawal agreement of the United Kingdom (UK) from the European Union (EU), the Animal and Plant Health Agency (APHA) has informed the CPVO with regard to titles currently in force in the United Kingdom in this way:

Varieties with EU Plant Variety Rights granted by the CPVO and effective on December 31, 2020, continue to be protected under UK legislation in the UK for their remaining lifespan and are referred to as Retained EU Plant Variety Rights.

The Animal and Plant Health Agency (APHA) 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.

The administration of the transfer process is being carried out by the Animal and Plant Health Agency (APHA) under Defra’s guidance and with the assistance of the Scottish Government, Welsh Government, and Department of Environment and Rural Affairs Northern Ireland (DAERA NI).

All breeders who wish to continue to hold a Retained EU Plant Variety Right under UK legislation from January 1, 2024, will have to provide 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.

Source: cpvo.europa.eu

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