Explanatory note

This Scheme varies the Plant Breeders' Rights (Miscellaneous Ornamental Plants) Scheme 1990 (“the principal Scheme”) by extending the schedule of 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 to cover all species of the genus Osteospermum L. (paragraph 2). By virtue of paragraph 3 of the principal Scheme, the period during which the rights may be exercised is 20 years. During that period infringements of the rights in the registered name of a variety of Osteospermum L. may be the subject of legal proceedings when committed in connection with any variety of Osteospermum.

By virtue of paragraph 5 of the principal Scheme a compulsory licence granted by the Controller of Plant Variety Rights in respect of a variety of Osteospermum 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 of Osteospermum are not extended to the production or propagation of the varieties for the purpose of selling cut blooms, foliage or stems thereof.