Statutory Instrument 1995 No. 526

The Plant Breeders' Rights (Herbaceous Perennials) Scheme 1995

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© Crown Copyright 1995

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1995 No. 526

PLANT BREEDERS' RIGHTS

The Plant Breeders' Rights (Herbaceous Perennials) Scheme 1995

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales and the Secretary of State for Northern Ireland, acting jointly, as respects the United Kingdom, in exercise of the powers conferred on them by sections 1(1) and (5), 3(1), 4(1), 5(7), 7(2) and 38(1) of, and paragraph 1(1) of Schedule 3 to, the Plant Varieties and Seeds Act 1964^[1] as extended to Northern Ireland^[2], and the said Minister and the Secretary of State, acting jointly, as respects the Isle of Man, in exercise of the said powers as extended to the Isle of Man^[3], after consultation in accordance with section 1(5) of the said Act with the Controller of Plant Variety Rights and with representatives of such interests as appear to them to be concerned, and in exercise of all other powers enabling them in that behalf, hereby make the following Scheme:

Title, commencement and interpretation
    1.—(1)  This Scheme may be cited as the Plant Breeders' Rights (Herbaceous Perennials) Scheme 1995 and shall come into force on 24th March 1995.

    (2)  In this Scheme "the Act" means the Plant Varieties and Seeds Act 1964 (including that Act as extended to Northern Ireland and as extended to the Isle of Man).

Revocations
    2.    The Plant Breeders' Rights (Herbaceous Perennials) Scheme 1969^[4], the Plant Breeders' Rights (Herbaceous Perennials) (Variation) Scheme 1985^[5] and the Plant Breeders' Rights (Herbaceous Perennials) (Variation) Scheme 1993^[6] are hereby revoked.

Plant varieties for which plant breeders' rights may be granted
    3.    There are prescribed for the purposes of the grant of plant breeders' rights all plant varieties of herbaceous perennials which conform with the characteristics of cultivated plant varieties of any of the genera or species specified in column 1 of the Schedule to this Scheme.

Periods for which rights are exercisable
    4.    The period for which plant breeders' rights shall be exercisable in respect of any of the plant varieties referred to in paragraph 3 of this Scheme shall be the period of years specified in column 2 of the said Schedule opposite the genus or species to which that plant variety belongs.

Classes of plant varieties for the purposes of section 5(7) of the Act
    5.    In relation to any of the plant varieties referred to in paragraph 3 of this Scheme the class of plant varieties prescribed for the purposes of section 5(7) of the Act (which enables classes of plant varieties to be prescribed in connection with the use of names likely to deceive or cause confusion) consists of all plant varieties of the genera or species specified in column 3 of the said Schedule opposite the genus or species to which that plant variety belongs.

Periods prescribed for the purposes of section 7(2) of the Act
    6.    In relation to any of the plant varieties referred to in paragraph 3 of this Scheme the period, if any, prescribed for the purposes of section 7(2) of the Act (which enables a provision to be made whereby a compulsory licence granted by the Controller as respects a plant variety of a species or group specified in a Scheme shall not have effect for a prescribed period after the grant of rights in that plant variety) shall be the period of years specified in column 4 of the said Schedule opposite the genus or species to which that plant variety belongs.

Additional rights
    7.    Plant breeders' rights exercisable in respect of any of the plant varieties referred to in paragraph 3 of this Scheme shall, where the word "included" appears in column 5 of the said Schedule opposite the genus or species to which that plant variety belongs, include the exclusive right to produce or propagate and to authorise others to produce or propagate that plant variety for the purpose of selling cut blooms of that variety.

Howe

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

13th February 1995

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

14th February 1995
Signed by authority of the Secretary of State for Wales

Gwilym Jones

Parliamentary Under Secretary of State, Welsh Office

14th February 1995

Denton of Wakefield

Parliamentary Under Secretary of State, Northern Ireland Office

28th February 1995

Michael Howard

Secretary of State for the Home Department (being the Secretary of State concerned with matters relating to the Isle of Man)

14th February 1995

[1] 1964 c. 14; section 3 was amended by section 1 of the Plant Varieties Act 1983 (c. 17); section 4 was amended by section 4 of that Act; paragraph 1(1) of Schedule 3 was amended by section 2 of that Act; section 38(1) (as amended by S.I. 1978/272) contains a definition of "the Ministers" relevant to the exercise of the statutory powers under which this Scheme is made. back

[2] By section 39(3) of the Plant Varieties and Seeds Act 1964 and by S.I. 1964/1574. back

[3] By S.I. 1969/1829, amended by S.I. 1987/2210. back

[4] S.I. 1969/1023. back

[5] S.I. 1985/1090. back

[6] S.I. 1993/2780. back

Explanatory Note