Boult Wade Tennant
Service » Global plant breeders’ rights and national listings

We have a growing practice and specialist expertise in supporting major horticultural and biopharma clients in relation to plant breeders’ rights and national listings. The team is equipped to assist clients in national listings for plant varieties within the UK as well as obtaining rights across Europe. We also offer expert advice on the potential infringement risks associated with plant variety rights held by third parties.

 

What we do

Secure and preserve
  • We have significant experience in filing and prosecuting applications for plant breeders’ rights (known as plant variety rights in some countries) and national listings in the UK for our clients.
  • In this regard, we regularly act before the Plant Variety Rights Office of the UK Animal and Plant Health Agency (APHA) and have filed many applications using UPOV PRISMA.
  • We are regularly appointed as agent for existing UK plant breeders’ rights, particularly those created when the UK left the EU, and based upon former corresponding Community plant variety rights.
  • We are also able to coordinate the filing of plant variety right and national listing applications outside of the UK, including in the EU.

Technical toolkits

Services

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Patents

Our European, UK and German experts advise on the creation, exploitation and enforcement of IP rights across a wide range of sectors. They provide creative IP solutions and outstanding client service.

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Trade marks

Our highly skilled experts are experienced negotiators and have particular expertise in the management of large portfolios; searching and watching; domain name recovery; and trading standards and customs work.

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Designs

The team can advise clients across a wide range of industries on matters of design law and practice. They combine their commercial knowledge with legal expertise to provide high quality advice that is always pragmatic.

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Insights

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IP updates
No ifs, just butts – another slogan dispute for Sweaty Betty

A look at the dispute between Sweaty Betty and Nixi Body over similar slogans and what it reveals about trade mark limits, descriptive branding and goodwill.

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IP updates
Recording assignments of IP rights worldwide: procedures and pitfalls

A guide to recording IP assignments worldwide, outlining key requirements, risks and best practices across the UK, EUIPO/EPC, Germany, Spain and the US to maintain ownership and enforce rights.

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IP updates
A bad beginning makes a bad ending

The CJEU clarifies that bad-faith trade mark filings face no time limits for invalidity actions, even when earlier owners knew of the bad faith or set deadlines in warning letters.

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IP updates
When is a rose not a rose? When it’s a tyre: the first smell trade mark accepted for advertisement in India

India has accepted its first smell trade mark for advertisement, a rose-scented tyre mark by Sumitomo. This milestone opens the door for broader protection of non-traditional trade marks.

INSIGHTS

Patents