Explanatory note

This Scheme, made under the Plant Breeders' Rights (Miscellaneous Ornamental Plants) Scheme 1990 by adding Agapanthus, Cheiranthus, Erysimum, Festuca ovina Glauca, Petunia and Trifolium arvense 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 20 years. During that period infringements of the rights in the registered names of varieties of Agapanthus, Cheiranthus, Erysimum, Festuca ovina Glauca, Petunia and Trifolium arvense 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.