PLANT VARIETY PROTECTION GAZETTE AND NEWSLETTER No. 105 – August 2012 
108 S.I. No. 490 of 2000 – Plant Varieties (Proprietary Rights) (Amendment) 
Regulations, 2000  
STATUTORY INSTRUMENTS. 
S.I. No. 490 of 2000.  
 
PLANT VARIETIES (PROPRIETARY RIGHTS) (AMENDMENT) REGULATIONS, 2000. 
S.I. NO. 490 OF 2000. 
PLANT VARIETIES (PROPRIETARY RIGHTS) (AMENDMENT) REGULATIONS, 2000. 
I, JOE WALSH, Minister for Agriculture, Food and Rural Development, in exercise of the 
powers conferred on me by sections 12 (as amended by section 11 of the Plant Varieties 
(Proprietary Rights) (Amendment) Act, 1998  ( No. 41 of 1998  ) (“the Act of 1998”)), 25 (as 
amended by section 13 of the Act of 1998) and 26 of the Plant Varieties (Propriertary Rights) 
Act, 1980 (No. 24 of 1980)  (“the Act of 1980”) and section 15 of the Act of 1998 (as adapted 
by the Agriculture and Food (Alteration of Name of Department and Title of Minister) Order, 
1999 ( S.I. No. 307 of 1999  )), with the consent of the Minister for Finance and, after 
consulation with the Controller of Plant Breeders' Rights and representatives of such interest as 
appear to me to be concerned, hereby make the following regulations: 
1. These Regulations may be cited as the Plant Varieties (Proprietary Rights) (Amendment) 
Regulations, 2000. 
2. The maximum period to be specified in a grant of plant breeders' rights as being that in 
which the plant breeders' rights are to be exercisable, within the meaning of section 15(5) of 
the Plant Varieties (Proprietary Rights) (Amendment) Act, 1998 (No. 41 of 1998)  , in respect 
of a plant variety which is of a species specified in column (1) of the Schedule to these 
Regulations shall be the period of years specified in column (2) of that Schedule opposite the 
mention of that species. 
SCHEDULE 
Species  Period of years  for which rights are exercisable  
(1) (2) 
Trees, Vines and Potatoes  30 
All other species  25 
3. The Plant Varieties (Proprietary Rights) Regulations 1981 ( S.I. No. 23 of 1981  ), are 
amended by the substitution: 
(a) for the Fourth Schedule of the Following Schedule: 
“FOURTH SCHEDULE  
UPOV Class 
Number  Genera or Species  
(1) (2) 
1 Avena, Hordeum, Secale, Triticale, Triticum.  
2 Panicum, Setaria.  
3 Sorghum, Zea.  
4 Agrost is, Alopecurus, Arrhenatherum, Bromus, Cynosurus, Dactylis, Festuca, 
Lolium, Phalaris, Phleum, Poa, Trisetum.  
5 Brassica oleracea, Brassica chinensis, Brassica pekinensis.  No. 105 – August 2012 PLANT VARIETY PROTECTION GAZETTE AND NEWSLETTER 
 109 6 Brassica napus, B. compestris, B. rapa, B. juncea, B. nigra, Sinapis.  
7 Lotus, Medicago, Ornithopus, Onobrychis, Trifolium.  
8 Lupinus albus L., L. angustifolius L., L. luteus L.  
9 Vicia faba L.  
10 Beta vulgaris L. var. alba D.C., Beta vulgaris L. var. altissima  
11 Beta vulgaris ssp. vulgaris var. conditiva Alef. (syn.: Beta vulga ris L. var. rubra 
L.), Beta vulgaris L. var. cicla L., Beta vulgaris L. ssp. vulgaris var. vulgaris.  
12 Lactuca, Valerianella, Cichorium.  
13 Cucumis sativus.  
14 Citrullus, Cucumis melo, Cucurbita.  
15 Anthriscus, Petroselinum.  
16 Daucus, Pastinaca.  
17 Anethum, Carum, Foeniculum.  
18 Bromeliaceae.  
19 Picea, Abies, Pseudotsuga, Pinus, Larix.  
20 Calluna, Erica.  
21 Solanum tuberosum L.  
22 Nicotiana rustica L., N. tabacum L.  
23 Helianthus tuberosus.  
24 Helianthus annuus.  
25 Orchidaceae.  
26 Epiphyllu m, Rhipsalidopsis, Schlumbergera, Zygocactus.  
27 Proteaceae.  
”. 
and 
(b) For the Fifth Schedule of the Following Schedule: 
“FIFTH SCHEDULE  
Part I 
Fee payable on an application for a grant of plant breeder rights.  £200 
Part II 
Fees payable in respect of tests and examinations carried out by the Minister of a plant 
variety which is the subject of an application for a grant of plant breeders' rights. 
 Tests and examinations for which payable  Amount  
  £ 
(a) Test and examinations in first year of a testing c ycle 400 
(b) Tests and examinations in any one subsequent year of a testing cycle.  400 
(c) Tests and examinations concerning genetically modified varieties.  600 
(d) Fees in respect of the supervision of any test or examin - ation where such test 
or exami nation is carried out on the premises of the breeder concerned or on 
other prem - ises in agreement with the Minister.  200 PLANT VARIETY PROTECTION GAZETTE AND NEWSLETTER No. 105 – August 2012 
110 Part III 
Periodical fees payable as regards rights granted under the Act 
A fee of £250 will apply from year one and all subsequent years of the period during which 
the rights are exercisable. 
Part IV 
Fees payable in respect of matters other than the foregoing 
 Matter  Amount  
  £ 
• The grant of Plant Breeders' rights in respect of any plant variety.  100 
• Application for an extension o f the period for which plant breeders' rights are 
exercisable.  50 
• The grant of an extension of the period for which plant bree - ders' rights are 
exercisable.  50 
• Application for the approval of a substituted name for a plant variety.  40 
• Application  for a compulsory licence.  100 
• Application under section 21 of the Plant Varieties (Proprietary Rights) Act 1980  
for the amendment of the register of pla nt varieties, except in a case where the 
plant breeders' centers are transferred to another person.  30 
• Application under section 22 of the Plant Varieties  (Proprietary Rights) Act, 1980  
, to correct register of plant varieties.  30 
• Application for registration of title under section 17 of the Plant Varietie s 
(Proprietary Rights) Act, 1980  . 40 
• Supplying a copy of a grant plant breeders' rights or of an exten - sion of the 
period for which plant breeders' rights are exercisable.  20 
• Supplying a copy of an entry in the register.  20 
• Application under Co uncil Regulation (EC) No. 2100/94 of 27 July 19941 on 
Community plant variety rights.  30 
• Application annually under Council Regulation (EC) No. 2100/94 of 27 July, 
1994 for maintenance of dormant plant breeders' rights.  50 
”. 
4. The following Regulations are hereby revoked: 
(a) the Plant Varieties (Proprietary Rights) (Amendment) Regulations 1984 ( S.I. No. 137 
of 1984  ), 
(b) the Plant Varieties (Proprietary Rights) (Amendment) Regulations 1986 ( S.I. No. 46 
of 1986  ), 
(c) the Plant Varieties (Proprietary Rights) (Amendment) Regulations 1988 ( S.I. No. 46 of 
1988 ), 
(d) the Plant Varieties (Proprietary Rights) (Amendment) Regulations 1990 ( S.I. No. 199 
of 1990  ), 
(e) the Plant Varieties (Proprietary Rights) (Amendment) Regulations 1991 ( S.I. No. 31 
of 1991  ), 
(f) the Plant Varieties (Proprietary Rights) (Amendment) Regulations 1992 ( S.I. No. 35 of 
1992 ), No. 105 – August 2012 PLANT VARIETY PROTECTION GAZETTE AND NEWSLETTER 
 111 (g) the Plant Varieties (Proprietary Rights) (Amendment) (No. 2) Regulations 1992 ( S.I. 
No. 369 of 1992  ), 
(h) the Plant Varieties (Proprietary Rights) (Amendment) Regulations 1993 ( S.I. No. 78 
of 1993  ), 
(i) the Plant Varieties (Proprietary Rights) (Amendment) (No. 2) Regulations 1993 ( S.I. 
No. 332 of 1993  ), 
(j) and the Plant Varieties (Proprietary Rights) (Amendment) Regulations 1994 ( S.I. No. 
393 of 1994  ). 
The Minister for Finance consents to the making of the foregoing Regulations. 
 GIVEN under my Official Seal, this 21st day of December, 2000.  
 CHARLIE McCREEVY,  
 Minister for Finance  
 GIVEN under my Official Seal, this 26th day of December, 2000.  
 JOE WALSH,  
 Minister for Agriculture, Food and R ural Development.  
 
EXPLANATORY NOTE. 
(This note is not part of the Instrument and does not purport to be a legal interpretation.)  
These Regulations which implement certain amendments and extensions to the Plant 
Varieties (Proprietary Rights) Act, 1980  prescribe: 
(1) The crop species to which the grant of rights applies. 
(2) Duration of rights. 
(3) Fees to be charged. 
(4) Allow the holder of an Irish grant of plant breeders' rights to keep in place his national 
plant breeders' rights (but without exercising such rights) and thereby retain the option of 
reverting to the exercise of national plant breeders' rights if the Community plant 
breeders' rights are surrendered, by payment of a special reduced renewal fee. 
(5) Repeal of previous regulations. 
1 OJ No. L227/1 of 1.9.94