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18 September 2023

Secure representation for duplicated UK rights to minimise the risk of a loss of rights: Plant Variety Rights

Following the UK’s separation from the Community Plant Variety Office (CPVO) on 31 December 2020, a transition period has been in place allowing attorneys based in the European Union to continue to act as professional representatives for duplicated UK registrations. The transitional period of three years comes to an end on 31 December 2023.

From 1 January 2024, the Controller of Plant Variety Rights in the UK may ask for a UK address for service (AFS). This requirement can be satisfied by appointing a UK based agent. Renewal fees are not payable for these duplicated UK registrations.

What action do I need to take?

We are happy to assist in acting as the Address for Service in the UK for these duplicated UK registrations. For more information, please contact your usual Attorney who will be pleased to assist or e-mail us at mail@vennershipley.co.uk.

The same applies to Trade Marks and Designs System with the transitional period of three years coming to an end on 31 December 2023 and from 1 January 2024, a UK address for service (AFS) will be required for all dealings with trade marks and designs, except renewals. The UKIPO will continue to serve documents on non-UK addresses, but this will be done by international post and there are strict deadlines for responding to cancellation applications. If no response is filed to such an action, the registration will be automatically cancelled, even if the attack is groundless. Further, no changes to the address of a non-UK AFS will be recorded. Click here for more information.

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