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) the protected variety3 was neither distinct nor new4 when the rights were granted5;
(2) in a case where the grant of the rights was essentially based upon
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