251. Circumstances in which rights may be declared null and void.

251.     Circumstances in which rights may be declared null and void.

Consequent to the UK's withdrawal from the EU, this Halsbury paragraph should be read in conjunction with the Plant Breeders' Rights (Amendment etc) (EU Exit) Regulations 2019, SI 2019/204, pending incorporation of the changes into the text.

The Controller of Plant Variety Rights1 must declare the grant of plant breeders' rights2 null and void if it is established that:

  1.  

    (1)     the protected variety3 was neither distinct nor new4 when the rights were granted5;

  2.  

    (2)     in a case where the grant of the rights was essentially based upon