# The Plant Breeders' Rights (Herbaceous Perennials) Scheme 1995, Note: Explanatory note


(This note is not part of the Scheme)
This Scheme, made under the Plant Varieties and Seeds Act 1964, supersedes the Plant Breeders' Rights (Herbaceous Perennials) Scheme 1969 as amended.
The Scheme, which comes into force on 24th March 1995, prescribes the varieties of herbaceous perennials in respect of which grants of plant breeders' rights may be made and adds Diascia Link & Otto and Helipterum anthemoides (Sieb. ex Spreng.) DC., and ornamental varieties only of Lysimachia L. and Symphytum L. to the genera and species of plant varieties which may be made the subject of such rights (paragraph 3 and column 1 of the Schedule).
The Scheme also prescribes the period of years during which such plant breeders' rights may be exercised (paragraph 4 and column 2 of the Schedule).
The 1964 Act, as read with this Scheme, provides that infringements of the rights in the registered name of a variety of herbaceous perennial to which this Scheme applies may be the subject of legal proceedings when committed in connection with a variety of the genera or species which are specified for that purpose in column 3 of the Schedule (paragraph 5).
The Scheme also provides that a compulsory licence granted by the Controller of Plant Variety Rights in respect of a variety of herbaceous perennial to which the Scheme applies shall not have effect during the period of years, if any, from the date of the grant of rights in that variety specified for that purpose in column 4 of the Schedule (paragraph 6).
Plant breeders' rights in respect of the varieties of herbaceous perennials to which the Scheme applies are extended, where so indicated in column 5 of the Schedule, to the production and propagation of such varieties for the purpose of selling cut blooms of those varieties (paragraph 7).

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Source: https://www.legislation.gov.uk/uksi/1995/526/note (the official version)
Page: https://openlegislation.uk/plant-breeders-rights-herbaceous-perennials-scheme-1995/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.