Plant Varieties (Proprietary Rights) (Amendment) Act, 1998

• Permanent Page URL

Amendment of section 23 of Principal Act.

12.—Section 23 of the Principal Act is hereby amended by—

(a) the substitution in subsections (1), (2) and (3) of “£1,500” for “£500” in each place where it occurs, and

(b) the insertion after subsection (1) of the following subsection:

“(1A) If a person falsely represents that he or she is entitled to exercise any Community plant variety rights granted under the Council Regulation, in relation to any plant variety and in respect of which Community plant variety rights have or have not been granted under the Council Regulation, and that person knows that the representation is false or makes the representation recklessly, he or she shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.”.