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Following the withdrawal agreement of the United Kingdom (UK) from the European Union (EU), the Animal and Plant Health Agency (APHA) has informed the CPVO with regard to titles currently in force in the United Kingdom in this way:

Varieties with EU Plant Variety Rights granted by the CPVO and effective on 31 December 2020 continue to be protected under UK legislation in the UK for their remaining lifespan and are referred to as Retained EU Plant Variety Rights.

The Animal and Plant Health Agency (APHA) advises that holders of Retained EU Plant Variety Rights confirm that they wish to continue holding that Right under UK legislation or choose to surrender that Right.

The administration of the transfer process is being carried out by the Animal and Plant Health Agency (APHA) under Defra’s guidance and with the assistance of Scottish Government, Welsh Government and Department of Environment and Rural Affairs Northern Ireland (DAERA NI).

All breeders who wish to continue to hold a Retained EU Plant Variety Right under UK legislation from 1 January 2024 will have to provide more information than has been supplied with the EU data transfer, including an address for service in the UK or the name and address of an agent within the UK.

The CPVO wishes to emphasise that this procedure is entirely under the responsibility of the UK authorities. More information and guidance on the procedure can be found on the official APHA website.

Retained EU Plant Variety Rights
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Annex 1 - Retained EU Plant Variety Rights (Zipped xlsx file)
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Annex 2 - Authorization of agent
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Annex 3 - Assignment of rights form