Registered Plant Breeders' Rights (Information Notices) (Bailiwick of Guernsey) Regulations, 2015 (G.S.I. No. 86 of 2015)

G R E F' F E ROYAJ- COURT 2'j= (t%".?.%t' 2A.?:'i:a,Ji , GUERNSEY GUERNSEY STATUTORY INSTRUMEN' 2015 NO. g€ The Registered Plant Breeders' Rights (Information Notices) (Bailiwick of Guernsey) Regulations, 2015 Made Coming into operation Laid before the States 22nd October, 2015 23rd October, 2015 , 2015 THE COMMERCE AND EMPLOYMENT DEPARTMENT, in exercise of the powers conferred on it by sections 22 and 43 of the Registered Plant Breeders' Rights (Bailiwick of Guernsey) Ordinance, 2007a and all other powers enabling it in that behalf, hereby makes the following Regulations: Information notice as to harvested material. 1. (1) An information notice for the purposes of section 22(4) of the Ordinance (a) shall be in the form set out in the Schedule to these Regulations, (b) shall contain the particulars set out in paragraph (2), and (c) shall contain a request for the information set out in paragraph (3). (2) The particulars referred to in paragraph (1 )(b) are a Ordinance No. IV of 2005; as amended by Order in Council No. XIV of 2012. 1 (a) the registered name of the variety, (b) the species of the variety, (c) the date on which plant breeders' rights were granted in the variety, (d) confirmation that the rights were granted under the Ordinance, (e) the name and address of the proprietor of rights, (f) the name and address of the agent of the proprietor of rights, if one has been appointed, and (g) the date on which the information notice was served. (3) The information referred to in paragraph (1)(c) is (a) the name and address of the recipient of the information notice, (b) the name and address of the person from whom the recipient of the information notice acquired possession of the material specified in the information notice, (c) the date on which the recipient of the information notice acquired possession of the material specified in the information notice, and (d) the size of the consignment of which the material specified in the information notice formed part. 2 Prescribed time. 2. The prescribed time for the purposes of section 22(2)(b) of the Ordinance (presumption in proceedings relating to harvested material) is 21 days. Interpretation. 3. (l ) In these Regulations, unless the context requires otherwise "enactment" means any Law, Ordinance or subordinate legislation, "the Ordinance" means the Registered Plant Breeders' Rights (Bailiwick of Guernsey) Ordinance, 2007, "proprietor of rights" in relation to a variety means a person who is registered as the proprietor of plant breeders' rights in that variety, "subordinate legislation" means any regulation, rule, order, rule of court, resolution, scheme, byelaw or other instrument made under any enactment and having legislative effect, and other expressions have the same meanings as in the Intellectual Property (Enabling Provisions) (Bailiwick of Guernsey) Law, 2004 and in the Ordinance. (2) The Interpretation (Guernsey) Law, 1948c applies to the interpretation of these Regulations. (3) Any reference in these Regulations to an enactment is a reference thereto as from time to time amended, re-enacted (with or without modification), extended or applied. Citation and commencement. 3. These Regulations may be cited as the Registered Plant Breeders' Rights (Information Notices) (Bailiwick of Guernsey) Regulations, 2015 and shall b Order in Council No. XIV of 2004; as amended by Ordinance No. XXXIII of 2003 and No. XX of 2015. c Ordres ell Conseil Vol. XIII, p. 355. 3 come into force on the 23rd October, 2015. Dated this 22nd day of Ol, 2015 ?.j DEPUTY A.H. BROUARD Minister of the States Commerce and Employment Department For and on behalf of the Department 4 SCHEDULE Regulation l INFORMATION NOTICE - HARVESTED MATERIAL When Parts l and 2 of the notice are completed, it constitutes an information notice for the purposes of section 22(2) of the Registered Plant Breeders' Rights (Bailiwick of Guernsey) Ordinance, 2007. Failure to supply the information specified in Part 3 within 21 days of the service of this notice will have the consequences set out in section 22 of the Registered Plant Breeders' Rights (Bailiwick of Guernsey) Ordinance, 2007. Part 1 Prescribed Particulars 1. 2. 3. 4. s. 6. 7. Registered name of the variety. Species of the variety. Date of which plant breeders' rights were granted in the variety. Confirmation that the plant breeders' rights were granted under the Registered Plant Breeders' Rights (Bailiwick of Guernsey) Ordinance, 2007. Name and address of proprietor of rights in the variety. Name and address of agent of proprietor of rights in the variety, if one has been appointed. Date on which this notice was served. Part 2 Specified material 1. Specify in this Part of the notice the material to which the information notice relates. Part 3 Prescribed information 1. Your name and address. s 2. Name and address of person from whom you acquired ownership of the material specified in Part 2 of this Notice. 3. Date on which you acquired possession of the material specified in Part 2 of this Notice. 4. Size of the consignment of which the material specified in Part 2 of this Notice formed part. EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations are made in pursuance of section 22 of the Registered Plant Breeders' Rights (Bailiwick of Guernsey) Ordinance, 2007 which provides that, in infringement proceedings, certain presumptions apply in respect of harvested material which is the subject of an information notice if the information requested in the notice is not provided within a prescribed period. These Regulations prescribe the form of an information notice, the information which is to be requested in an information notice and certain other particulars which must be included in an information notice. They also prescribe that 21 days is the period within which the information must be provided. These Regulations come into force on the 23rd day of October, 2015. 6