Plant variety rights: UK holders must act

The Animal and Plant Health Agency (APHA) has started to contact Retained EU Plant Variety Rights holders advising that after January, 1 2024, in line with the UK’s EU withdrawal agreement, the APHA will need an address for service in the UK, or the name and address of an agent in the UK, if they wish to continue to hold their Retained EU Plant Variety Right under UK legislation.

Varieties with EU Plant Variety Rights granted by the Community Plant Variety Office (CPVO) effective on December 31, 2020, continue to be protected under UK legislation in the UK for the remainder of their lifespan, and are referred to as “Retained EU Plant Variety Rights”.

The remaining term in the UK is calculated from the date the EU right was granted. The Retained EU Plant Variety Rights can be found here.

What do rights holders need to do?

In advance of January 1, 2024, the APHA is urging Holders of Retained EU Plant Variety Rights to provide the following: