# The Plant Breeders' Rights (Miscellaneous Ornamental Plants) Scheme 1990 S.I. 1990/1594 · made 30 July 1990 This Scheme, made under the Plant Varieties and Seeds Act 1964, prescribes the varieties of miscellaneous ornamental plants in respect of which grants of plant breeders' rights may be made and also prescribes the period of 20 years as that during which the rights may be exercised (paragraphs 2and 3and Schedule). Made under: Plant Varieties and Seeds Act 1964 (Section 1, Section 3, Section 5, Section 7, Section 38, Schedule 3 paragraph 1) PDFs: Printed copy https://openlegislation.uk/plant-breeders-rights-miscellaneous-ornamental-plants-scheme-1990/pdf/uksi_19901594_en.pdf ## Introductory text PLANT BREEDERS' RIGHTS Made 30th July 1990 Laid before Parliament 7th August 1990 Coming into force 28th August 1990 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), 5(7), 7(2) and 38(1) of, and paragraph 1(1) of Schedule 3 to, the Plant Varieties and Seeds Act 1964 as extended to Northern Ireland 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, 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: ## 1 Title, commencement and interpretation (1) This Scheme may be cited as the Plant Breeders' Rights (Miscellaneous Ornamental Plants) Scheme 1990 and shall come into force on 28th August 1990. (2) In this Scheme “the Act” means the Plant Varieties and Seeds Act 1964. ## 2 Plant varieties for which plant breeders' rights may be granted There are prescribed for the purposes of the grant of plant breeders' rights all plant varieties 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 or of any cultivated varieties which are the product of hybridization between members of any of those genera or species. ## 3 Period for which rights are exercisable The period for which plant breeders' rights shall be exercisable in respect of any of the plant varieties referred to in paragraph 2 of this Scheme shall be 20 years. ## 4 Classes of plant varieties for the purposes of section 5(7) of the Act In relation to any of the plant varieties referred to in paragraph 2 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 2 of the said Schedule. ## 5 Periods prescribed for purposes of section 7(2) of the Act In relation to any of the plant varieties referred to in paragraph 2 of this Scheme the period 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 3 years. ## 6 Additional rights Plant breeders' rights exercisable in respect of any of the plant varieties of the genus or species Kalanchoe Adans. shall 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. ## Signature In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd July 1990. L.S. John Selwyn Gummer Minister of Agriculture, Fisheries and Food Sanderson of Bowden Minister of State, Scottish Office 20thJuly 1990 David Hunt Secretary of State for Wales 23rd July 1990 Peter Brooke Secretary of State for Northern Ireland 30thJuly 1990 David Waddington Secretary of State for the Home Department (being the Secretary of State concerned with matters relating to the Isle of Man) Home Office 27th July 1990 ## Column 1 Column 2 Genera or species Class of plant varieties prescribed for the purposes of section 5(7) Euphorbia Milii Euphorbia Milii Impatiens hawkeri Bull (including I. Linearifolia Warb.) Impatiens Kalanchoe Adans. Kalanchoe Scaevola Aemula Scaevola Aemula ## Explanatory note (This note is not part of the Scheme) This Scheme, made under the Plant Varieties and Seeds Act 1964, prescribes the varieties of miscellaneous ornamental plants in respect of which grants of plant breeders' rights may be made and also prescribes the period of 20 years as that during which the rights may be exercised (paragraphs 2and 3and Schedule). The 1964 Act, as read with this Scheme, provides that infringements of the rights in the registered name of a variety of such specified miscellaneous ornamental plants may be the subject of legal proceedings when committed in connection with a variety of the genera or species which is specified for that purpose in the Schedule to this Scheme (paragraph 4 and Schedule). This Scheme also provides that a compulsory licence granted by the Controller of Plant Variety Rights in respect of a variety of such specified miscellaneous ornamental plants shall not have effect during a period of 3 years from the date of the grant of rights in that variety (paragraph 5). Plant breeders' rights in respect of the varieties of Kalanchoe Adans. 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). --- Source: https://www.legislation.gov.uk/uksi/1990/1594 (the official version) Page: https://openlegislation.uk/plant-breeders-rights-miscellaneous-ornamental-plants-scheme-1990 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.