Considering the consequences that the BREXIT might entail for CPVR valid titles, CIOPORA asked our members for their feedback regarding the continuity of titles valid in the UK.
The following is some of the input kindly provided by our members:
UK should continue protecting titles under the CPVO system;
UK should take over DUS examination reports carried out in the EU, without requiring an equivalent exam in the UK;
Titles granted in EU prior to the BREXIT should be given full protection in the UK;
Active applications before the BREXIT should continue to be processed in the UK as if it were still part of the EU; thus, the applicant would avoid dealing with more bureaucracy;
The consequences will depend on the concerned cultivar; however, if breeders are obliged to pay a separate fee in the UK, the number of protected varieties in the UK will decrease;
Titles in respect to varieties with commercial relevance in the UK market would be brought for protection under the UK PBR system in any case by some breeders; no application would be sought for those varieties without commercial interest in the UK market;
The “new” PBR system of protection in the UK should embody the same standards of protection of the CPVO system;
The process for validating titles in the UK should not be burdensome.
Based on the above, most members support that CPVR valid titles enjoy full protection in the UK after the BREXIT and, more importantly, the breeders affirm that they would make use of this decision. However, the process of transforming CPVR titles into UK PBR titles should not be an excessive burden for breeders (i.e. dealing with more paperwork, hiring a lawyer with residence in the UK, among other types of bureaucracy).
CIOPORA will share the complete input of the breeder members with the appropriate UK government officials. If you have not shared your thoughts and would still like to, please email micaela.filippo@ciopora.org.