Part II Priorities Between Applicants for Rights
Plant Varieties Act 1997 (1997 c 66) | Legislation

Part II Priorities Between Applicants for Rights

5

(1)     If a variety is bred, or discovered and developed, by two or more persons independently, the first of those persons, and any successors in title of theirs, to apply for the grant of plant breeders' rights in respect of it shall be the person entitled to the grant.

(2)     As between persons making applications for the grant of plant breeders' rights in respect of the same variety on the same date, the one who was first in a position to make an application for the grant of plant breeders' rights in respect of that variety, or who would have been first in that position if this Part of this Act had always been in force, shall be the person entitled to the grant.

6

(1)     If the following conditions are met, an application for the grant of plant breeders' rights shall be treated for the purposes of paragraphs 1, 4 and 5 above as made, not on the date on which it is in

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