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Having more than 500 horticultural enterprises, Great Britain is an acclaimed leader in the field of horticulture. If you’re an investor contemplating registering a horticultural company in Great Britain, you are likely to encounter a number of challenges, of which the most serious one will, undoubtedly, be regulatory compliance. 

So, let’s see what you’re up against in this regard. 

Horticulture Business: How It Works

Like all UK-registered businesses, companies in the horticultural sector strive to penetrate new markets, be innovative & develop new products. Innovations in this area come as a result of plant breeding, which is a labor-intensive process requiring entrepreneurs to invest a lot of time & effort. To ensure profitability, they need to:

  • grow a large number of plants & convince potential customers to purchase a new breed of plants; 
  • sign a contract with farms to allow them to grow & sell licensed breeds of plants.

UK: IP Protection in the Agricultural Sector

Creators of a new breed can apply for breeder's rights in Great Britain, which is a form of an IP law specifically designed to protect new breeds. Hence, legal protection is provided as a reward for breeders’ investment in the sector & creation of new breeds. By applying for the said rights breeders ensure that no unauthorized distribution or sale of a new breed is possible without their express permission.

The rights to this type of IP can be transferred; however, they’re only valid for twenty five to thirty years, depending on a plant type.

UK: Registration of TMs

To increase their profits, breeders can register a trademark in Great Britain. By registering a TM, they can receive TM-related royalties for reproduction & sale of plants. Registration of a British TM may be renewed or extended.

TMs in plant names can be used for two purposes, namely:

  • to distinguish a particular breed;
  • to give a generic name to a particular plant group.

For instance, rose breeders were the first to use registered TMs in Great Britain for new breeds of plants. Two of the most recent names that were registered as TMs included Gabriel Oak & Eustacia Vye. Both were showcased at the last year’s flower show in Great Britain.

Conclusion

Starting a business in Great Britain requires taking steps aimed at protection of IP rights. Therefore, potential investors should spend quite a bit of time investigating each & every step involved in registering a British TM. However, they can cut that time in half by contacting IQ Decision UK & signing up for an individual consultation on IP regulation in Great Britain & the EU. Our highly experienced legal advisors will be happy to give them a hand with any legal issue they may be facing in that regard.