# The Plant Breeders' Rights (Oil and Fibre Plants) (Variation) Scheme 1990

S.I. 1990/1595 · made 30 July 1990

This Scheme varies the Plant Breeders' Rights (Oil and Fibre Plants) Scheme 1980 (as varied) by adding borage (Borago Officinalis L.), turnip rape (Brassica rapa L. var silvestris (Lam.) Briggs), coriander (Coriandrum sativum(L) ) and sunflower (Helianthus annus L.) to the 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 in each of those species may be exercised is 20 years. During that period infringements of the rights in the registered name of a variety of borage, coriander or sunflower may be the subject of legal proceedings when committed in connection with any such variety.

Made under: Plant Varieties and Seeds Act 1964 (Section 1, Section 3, Section 5, Section 38)

PDFs: Printed copy https://openlegislation.uk/plant-breeders-rights-oil-and-fibre-plants-variation-scheme-1990/pdf/uksi_19901595_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 sections1(1) and (5), 3(1), 5(7) and 38(1) 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 and commencement

This Scheme may be cited as the Plant Breeders' Rights (Oil and Fibre Plants) (Variation) Scheme 1990 and shall come into force on 28th August 1990.

## 2 Variation of the principal Scheme

The Plant Breeders' Rights (Oil and Fibre Plants) Scheme 1980 shall be varied as follows:
(a) at the end of paragraph 5 there shall be added the following sub-paragraphs—
“(iv) in relation to plant varieties of borage of all plant varieties of the species specified in Part IV of Schedule 2 to this Scheme;
(v) in relation to plant varieties of coriander of all plant varieties of the species specified in Part V of Schedule 2 to this Scheme;
(vi) in relation to plant varieties of sunflower of all plant varieties of the species specified in Part VI of Schedule 2 to this Scheme.”;
(b) at the end of Schedule 1 there shall be added the following items—
“
Column 1
Column 2
Name
Common Name
Period of years for which rights are exercisable
Borago Officinalis L.
Borage
20
Brassica rapa L. var silvestris (Lam.) Briggs
Turnip rape
20
Coriandrum sativum (L)
Coriander
20
Helianthus annus L.
Sunflower
20
”
(c) in Schedule 2—
(a) in Part III, for the item relating to Brassica rapa L. (Partim) there shall be substituted the following item—
“
NAME
COMMON NAME
Brassica rapa L. var silvestris (Lam.) Briggs
Turnip rape
”
(b) at the end there shall be added the following—
“
PART IV
BORAGE
NAME
COMMON NAME
Borago Officinalis L.
Borage
PART V
CORIANDER
NAME
COMMON NAME
Coriandrum sativum (L)
Coriander
PART VI
SUNFLOWER
NAME
COMMON NAME
Helianthus annus L.
Sunflower
”

## 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
23rd July 1990
David Hunt
Secretary of State for Wales
20th July 1990
Peter Brooke
Secretary of State for Northern Ireland
30th July 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
27thJuly 1990

## Explanatory note

(This note is not part of the Scheme)
This Scheme varies the Plant Breeders' Rights (Oil and Fibre Plants) Scheme 1980 (as varied) by adding borage (Borago Officinalis L.), turnip rape (Brassica rapa L. var silvestris (Lam.) Briggs), coriander (Coriandrum sativum(L) ) and sunflower (Helianthus annus L.) to the 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 in each of those species may be exercised is 20 years. During that period infringements of the rights in the registered name of a variety of borage, coriander or sunflower may be the subject of legal proceedings when committed in connection with any such variety.

---
Source: https://www.legislation.gov.uk/uksi/1990/1595 (the official version)
Page: https://openlegislation.uk/plant-breeders-rights-oil-and-fibre-plants-variation-scheme-1990
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.