The Plant Breeders' Rights (Fees) (Amendment) Regulations 1992 No. 438

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Statutory Instruments

1992 No. 438

PLANT BREEDERS' RIGHTS

The Plant Breeders' Rights (Fees) (Amendment) Regulations 1992

Made

2nd March 1992

Laid before Parliament

11th March 1992

Coming into force

1st April 1992

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales and the Secretary of State for Northern Ireland, acting jointly, in exercise of the powers conferred on them by section 9(1) and 36 of the Plant Varieties and Seeds Act 1964(1) as extended to Northern Ireland(2), and the said Minister and the Secretary of State, acting jointly, as respects the Isle of Man, in exercise of the said powers as extended to the Isle of Man(3), and in exercise of all other powers enabling them in that behalf, with the approval of the Treasury in accordance with section 9(1) of that Act and after consultation with the Council on Tribunals in accordance with section 10(1) of the Tribunals and Inquiries Act 1971(4), hereby make the following Regulations:

Title and commencement

1. These Regulations may be cited as the Plant Breeders' Rights (Fees) (Amendment) Regulations 1992 and shall come into force on 1st April 1992.

Amendment of the Plant Breeders' Rights (Fees) Regulations 1990

2. For the Schedule to the Plant Breeders' Rights (Fees) Regulations 1990(5) there shall be substituted the Schedule set out in the Schedule to these Regulations.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

18th February 1992.

Strathclyde

Parliamentary Under Secretary of State, Scottish Office

2nd March 1992

David Hunt

Secretary of State for Wales

28th February 1992

Peter Brooke

Secretary of State for Northern Ireland

28th February 1992

Kenneth Baker

Secretary of State for the Home

Department (being the Secretary of State concerned with matters relating to the Isle of Man)

2nd March 1992

We approve,

Sydney Chapman

Irvine Patnick

Two of the Lords Commissioners of Her Majesty's Treasury

21st February 1992

Regulation 2

SCHEDULEPROVISIONS TO BE SUBSTITUTED FOR THE SCHEDULE TO THE PLANT BREEDERS' RIGHTS (FEES) REGULATIONS 1990

Regulation 3(1)

"SCHEDULEFESS

PART IFESS PAYABLE ON AN APPLICATION FOR A GRANT OF PLANT BREEDERS' RIGHTS

Amount
New Fee £Old Fee £(*)
Plant Variety

1. A rose variety

50(45)

2. A chrysanthemum variety

260(250)

3. Any other decorative variety

130(125)

4. Any other variety

260(250)

Note:

(*) The figures in italics are the fees which were charged under the Plant Breeders' Rights (Fees) Regulations 1990 (S.I. 1990/618) before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1992 (S.I. 1992/438) on 1st April 1992.

PART IIFEES PAYABLE IN RESPECT OF TESTS OR EXAMINATION OF A PLANT VARIETY WHICH IS THE SUBJECT OF AN APPLICATION FOR A GRANT OF PLANT BREEDERS' RIGHTS

Amount
New fee £Old Fee £(*)
Plant VarietyTest or examination for which payable

1. A cereal (excluding maize) variety

Tests in any one year800(800)

2. A maize variety

Tests in any one year500(500)

3. A potato variety

Tests in any one year750(750)

4. A beetroot, Brussels sprout, cabbage, celery, fenugreek, turnip or fodder variety

Tests in any one year700(700)

5. A herbage variety

Tests in any one year500(600)

6. A field pea, vegetable pea, field bean or broad bean variety

Tests in any one year600(600)

7. An oil and fibre (including oilseed rape) variety

Tests in any one year500(500)

8. A rose variety

Tests in any one year90(90)

9. A year-round perennial chrysanthemum variety

Tests in each flowering season200(200)

10. Any other chrysanthemum variety

Tests in any one year200(200)

11. A cymbidium variety

Each examination250(250)

12. A fruit variety

Tests in any one year200(200)

13. Any other variety

Tests in any one year250(250)

Note:

(*) The figures in italics are the fees which were charged under the Plant Breeders' Rights (Fees) Regulations 1990 before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1992 (S.I. 1992/438) on 1st April 1992.

PART IIIRENEWAL FEES

Amount each year
New fee £Old fee £(*)
Plant Variety

1. A rose variety

50(45)

2. A chrysanthemum variety

315(300)

3. Any other decorative variety

165(155)

4. A vegetable variety (excluding a vegetable pea or broad bean variety

160(150)

5. A fruit variety

315(400)

6. Any other variety (including a vegetable pea or broad bean variety)

420(400)

Note:

(*) The figures in italics are the fees which were charged under the Plant Breeders' Rights (Fees) Regulations 1990 before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1992 (S.I. 1992/438) on 1st April 1992.

PART IVFEES PAYABLE IN RESPECT OF OTHER MATTERS

Amount
New fee £Old fee £(*)
MatterWhen payable

1. Application for a compulsory licence.

On making the application50(50)

2. Application to extend, limit, vary or revoke a compulsory licence.

On making the application50(50)

3. Making representations in writing to the Controller in connection with any application, or in connection with a proposal to terminate any plant breeders' rights or to revoke or terminate any extension of such rights.

On delivering the representations25(25)

4. Attending to be heard by the Controller or by a person appointed by him for the purpose.

Before the hearing50(50)

5. Grant of plant breeders' rights in-�

Before the issue of the document constituting evidence of the grant

(a)a variety referred to in item 1 in Part I of this Schedule

35(35)

(b)a variety referred to in item 3 in Part I of this Schedule

100(100)

(c)a variety referred to in item 2 or item 4 in Part I of this Schedule

125(125)

6. Giving a protective direction.

Before the issue of the document constituting evidence of the giving of the protective direction25(25)

7. Payment of a renewal fee after the expiration of 7 days from the date when it fell due, except in a case where an application has been made for the period for payment to be extended.

On payment of the renewal fee25(25)

8. Application for the approval of a substituted name for a plant variety.

On making the application25(25)

9. Registration of title and amendment of the register of plant varieties on a transfer of plant breeders' rights or a share in such rights.

On making the application for registration25(25)

10. Purchase of a report from a testing authority in another country.

Within 14 days of demand by the Controller140(140)

Note:

(*) The figures in italics are the fees which were charged under the Plant Breeders' Rights (Fees) Regulations 1990 before the coming into force of the Plant Breeders' Rights (Fees) (Amendment) Regulations 1992 (S.I. 1992/438) on 1st April 1992."

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Plant Breeders' Rights (Fees) Regulations 1990 by prescribing revised fees in respect of matters arising under the Plant Breeders' Rights Regulations 1978 (as amended) (regulation 2).

The matters in respect of which the revised fees are prescribed are listed in the Schedule to these Regulations, and the fees which were chargeable before these Regulations came into force are printed in italics beside the revised fees.

(1)

1964 c. 14; see section 38(1) (as amended by S.I. 1978/272) for the definition of "the Ministers", section 39(3)(a)(ii) for an extension to include the Secretary of State concerned with agriculture in Northern Ireland and the Plant Varieties and Seeds (Isle of Man) Order 1969 (S.I. 1969/1829), to which there are amendments not relevant to these Regulations, for the substitution of a definition of the Ministers including the Secretary of State concerned with matters relating to the Isle of Man.

(2)

By the Plant Varieties and Seeds (Northern Ireland) Order 1964 (S.I. 1964/1574).

(3)

By the Plant Varieties and Seeds (Isle of Man) Order 1969.

(5)

S.I. 1990/618 amended by S.I. 1991/655.


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