Only 5 months left to provide APHA with details of a UK-based agent

Brexit and Retained EU Plant Variety Rights

Dr. Tobias Popp
Patent Attorney, Licensed Pharmacist, Dr. rer. nat., M.Sc.
Dr. Karin Grau Kuntz
Lawyer, LL.M.

Following the United Kingdom's withdrawal agreement from the European Union (Brexit), the Animal and Plant Health Authority (APHA) has decided that all varieties for which the CPVO granted a Community Plant Variety Right before 31 December 2020 continue to be protected under national legislation in the UK for the remaining lifespan and are referred to as “Retained EU Plant Variety Rights”.

To continue enjoying protection in the UK, all holders of EU plant variety rights who are not located in the UK and do not intend to surrender the plant variety rights must appoint a UK representative by 31 December 2023

If no UK representative is appointed by that date, the Office may formally request a name and address of an agent within the UK. If this information is not supplied, than the respective “Retained EU Plant Variety Right” may be terminated. 

Of course, our UK office would be delighted to act as agent for you. If you have any questions, or should be interested in maintaining the protection of your varieties in the UK, please do not hesitate to contact us.