Explanatory note

This Scheme, made under the Plant Varieties and Seeds Act 1964, supersedes the Plant Breeders' Rights (Miscellaneous Ornamental Plants) Scheme 1990 as amended.

The Scheme, which comes into force on 24th March 1995, prescribes the varieties of miscellaneous ornamental plants in respect of which grants of plant breeders' rights may be made and adds Aptenia cordifolia (L.f.) Schwantes, Aubretia Adans., Begonia semperflorens, Houttuynia Thunb. and Verbena 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 period prescribed as that during which such rights may be exercised is 20 years (paragraph 4).

The 1964 Act, as read with this Scheme, provides that infringements of the rights in the registered name of a variety of ornamental plant 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 2 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 ornamental plant to which the Scheme applies shall not have effect during a period of 3 years from the date of the grant of rights in respect of that variety (paragraph 6).

Plant breeders' rights in respect of the varieties of Kalanchoe Adans. are extended to the production and propagation of the varieties for the purpose of selling cut blooms of those varieties (paragraph 7).