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EU Plant Variety Rights in the United Kingdom
According to the withdrawal agreement of the United Kingdom (UK) from the European Union (EU), holders of a Community Plant Variety right which has been granted before the end of the transition period, 31 December 2020, have become holders of a plant variety right in the UK under UK law. The full list of plant varieties with EU registered rights that have been granted a corresponding UK right can be found on the UK Government website.
The plant variety rights granted by the CPVO as from 1 January 2021 do not cover the territory of the UK, including Northern Ireland. In order to get Plant Variety Protection in the UK, breeders need to file a separate application to the relevant UK authorities.
It should however be noted that, according to the Northern Ireland Protocol of the withdrawal agreement, the marketing Directives for plant propagating material continue to be applicable in Northern Ireland, thus all varieties which are listed in the EU Common Catalogues can be marketed in Northern Ireland.
Further guidance and notice to stakeholders in the context of the withdrawal of the United Kingdom from the European Commission were previously published on CPVO’s website and are accessible here.