Explanatory note

This scheme revokes and supersedes the Plant Breeders' Rights (Dahlias) Scheme 1966 and the Plant Breeders' Rights (Perennial Chrysanthemums) Scheme 1968 but so that the effective dates of the coming into force of these schemes continue to apply for the purposes of the previous commercialisation rules contained in paragraph 2 of Part II of Schedule 2 to the Plant Varieties and Seeds Act 1964.

The scheme prescribes the varieties of Compositae, being those which belong to the genera or species specified in Column 1 of the Schedule in respect of which grants of plants breeders' rights may be made, and also prescribes 20 years as the period during which the rights may be exercised. The scheme also adds Gerbera to the genera of Compositae for which plant breeders' rights may now be granted (paragraphs 3 and 4 and the Schedule).

The 1964 Act, as read with this scheme, provides that infringements of the rights in the registered name of a variety of Compositae may be the subject of legal proceedings when committed in connection with the plant or variety which is specified for that purpose in paragraph 5 of this scheme.

Plant breeders' rights in respect of the varieties of Compositae to which this scheme applies are extended to the production and propagation of the varieties for the purpose of selling cut blooms of these varieties (paragraph 6).