Insights: Plant Breeders Rights – action required on Retained EU Plant Variety Rights in the UK

Following the UK’s exit from the European Union (EU), Retained EU Plant Variety Rights were awarded to provide continuing protection in the UK to plant varieties with EU Plant Variety rights. A list of these Retained EU Plant Variety Rights is available from the UK government website here.

After 1 January 2024, a UK address for service will be required for these rights. After this date, the Animal and Plant Health Agency (APHA) may formally request a UK address for service for these rights and, if this is not provided, may terminate them.

APHA have already contacted rights holders to request that they voluntarily provide a UK address for service and confirm that they wish to retain their Retainer EU Plant Variety Right(s) in order to expedite the process.

Boult Wade Tennant LLP are available to act as an address for service for Retained EU Plant Variety Rights in the UK, as well as UK Plant Breeders Rights and National Listings. For more information please contact Matthew Ridley and Frances Baxter.