Community Plant Variety Rights (CPVRs)
Nothing will change until the UK leaves the EU, or until legislative changes are brought into effect. This is likely to be at least two years away.
Although we do not as yet have any indication as to what will actually happen, after the UK leaves the EU, it seems likely that:
1) existing and new CPVRs will no longer extend to the UK;
2) the UK Government will implement transitional provisions to convert the UK element of an existing CPVR into a UK National PVR;
3) after Brexit a separate UK national PVR may need to be filed in parallel with any CPVR.
If you are a considering filing a CPVR and there are commercial reasons why you would wish to avoid uncertainty, then speak with your Mathys & Squire adviser who will consider with you the pros and cons of a parallel CPVR and UK national PVR.
Mathys & Squire will ensure that we are able to act for clients both with respect to CPVRs and UK national PVRs after Brexit. Mathys & Squire will also be able to handle any transitional requirements necessary in respect of existing CPVRs to preserve UK PVR rights.
Whilst Brexit is being negotiated, Community Plant Variety Right strategies should be given careful consideration