REMEDIES FOR INFRINGEMENT (Hansard, 24 June 1997)

§ Mr. Lansley

I wanted to raise two matters, to which I referred briefly on Second Reading, and to seek the Minister's reply. First, I refer to provision for remedies for infringement in clause 13, which do not provide specifically for circumstances in which the holder of rights fails to receive remuneration from the user of farm-saved seed. Would it be possible for the provision 737 also to be used by the holder of those rights to sue for proper remuneration? I understand that the clause could reflect provisions in the European regulation, articles 17 and 18.

Secondly, if persistent offenders take original seed and sell it in local markets or by other routes without giving proper return to the original holder of the rights in those varieties, could the clause be used to increase the penalties for such persistent offending?

§ Mr. Rooker

I am grateful to the hon. Gentleman. Because of our truncated arrangements, I am keen that no part of the Bill which any hon. Member wants to discuss gets hidden away. The fact that amendments have not been tabled is no reason not to ask questions about clauses. I could not answer every question on Second Reading.

The plant variety rights office has no role in enforcing rights. It would be incorrect to read such a role into the Bill. Clause 13 provides for holders of plant breeders' rights to take civil action in relation to infringement of their rights, including their rights in a dependent variety. It gives plant breeders the same remedies in law as are available to other owners of proprietary rights.

The Bill and the 1964 Act do not cover the case. It is a matter for arguments in the courts between two parties who happen to disagree. We do not seek to give new powers to the plant controller and the PVRO. Individuals who are aggrieved must go to court.