247. Requirement of novelty.

247.     Requirement of novelty.

The Controller of Plant Variety Rights1 may not grant plant breeders' rights2 in respect of a variety3 unless he is satisfied that the variety to which the application relates is, amongst other characteristics4, new5. A variety is new if no sale or other disposal of propagating or harvested material of the variety for the purposes of exploiting the variety6 has, with the consent of the applicant, taken place:

  1.  

    (1)     in the United Kingdom, earlier than one year before the date of the application7; and

  2.  

    (2)     elsewhere than in the United Kingdom, earlier than