Insights: Upcoming deadline for filing UK applications

The deadline for filing Plant Breeders’ Rights (PBR) applications based on EU Community Plant Variety Rights (CPVR) applications which were pending at the end of the Brexit transition period is approaching.

EU Community Plant Variety Rights ceased to have effect in the UK at the end of the UK’s Brexit transition period on 31 December 2021. For most rights which were granted by 31 December 2021, equivalent UK PBRs have been automatically created. However, for cases where a new UK PBR was not created, for example for CPVR applications which remained pending on 31 December 2021, an application process is in place to provide protection for the varieties in the UK. The deadline for filing a new UK PBR application in these cases, claiming the filing date of the earlier CPVR, is 30 June 2021.

Going forward, plant breeders wishing to protect their new varieties in the UK will need to file a separate UK PBR application. For plant varieties requiring National Listing for marketing in the UK, an application can be filed along with or in addition to a UK PBR application.

Since Brexit we have been assisting our clients with the filing of applications for UK PBR applications and are already listed as an agent on the UPOV PRISMA system, which must be used to file UK PBR applications.

For more information, please contact Matthew Ridley or Frances Baxter.