Explanatory note

This Scheme varies the Plant Breeders' Rights (Herbaceous Perennials) Scheme 1969 by adding the genera and species ofAsteliaandAstrantiaspecified in paragraph 2 to the genera and species of which plant varieties may be the subject of plant breeders' rights under Part I of the Plant Varieties and Seeds Act 1964. The period prescribed as that during which rights may be exercised is 25 years. During that period infringements of the rights in the registered names of varieties ofAsteliaandAstrantiamay be the subject of legal proceedings when committed in connection with any variety of those genera.

The Scheme also provides in (paragraph 5) that a compulsory licence granted by the Controller of Plant Variety Rights in respect of varieties referred to in paragraph 2 shall not have effect during the period of three years from the date of the grant of rights in that variety.

Plant breeders' rights in respect of varieties referred to in paragraph 2 are not extended to the production or propagation of the varieties for the purpose of selling cut blooms, foliage or stems thereof.