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The Plant Breeders' Rights (Sainfoin and Birdsfoot Trefoil) Scheme 1993

S.I. 1993/2779 · Made 10 November 1993

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PLANT BREEDERS' RIGHTS

Made 10th November 1993

Laid before Parliament 10th November 1993

Coming into force 1st December 1993

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) and 38(1) of the Plant Varieties and Seeds Act 1964f1 as extended to Northern Irelandf2 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 Manf3, 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:

Annotations to the whole text

Footnotes

f1

1964 c. 14; section 3 was amended by section 1 of the Plant Varieties Act 1983 (c. 17); section 38(1) (as amended by S.I. 1978/272) contains a definition of “the Ministers” relevant to the exercise of the statutory powers under which the Scheme is made.

f2

By section 39(3) of the Plant Varieties and Seeds Act 1964 and by the Plant Varieties and Seeds (Northern Ireland) Order 1964 (S.I. 1964/1574).

f3

By the Plant Varieties and Seeds (Isle of Man) Order 1969 (S.I. 1969/1829), amended by S.I. 1987/2210.

Contents

  1. 1Title, commencement and interpretation
  2. 2Plant varieties for which plant breeders' rights may be granted
  3. 3Period for which rights are exercisable
  4. 4Class of plant varieties for the purposes of section 5(7) of the Act
  5. Signature
  6. Schedule SPECIES OF WHICH PLANT VARIETIES ARE PRESCRIBED FOR THE PURPOSES OF SECTION 5(7) OF THE ACT
  7. Explanatory note

1Title, commencement and interpretation

(1)

This Scheme may be cited as the Plant Breeders' Rights (Sainfoin and Birdsfoot Trefoil) Scheme 1993 and shall come into force on 1st December 1993.

(2)

In this Scheme “the Act” means the Plant Varieties and Seeds Act 1964.

2Plant varieties for which plant breeders' rights may be granted

(1)

There are prescribed for the purposes of the grant of plant breeders' rights all plant varieties of Sainfoin which conform with the characteristics of cultivated plant varieties ofOnobrychis viciifoliaScop.

(2)

There are prescribed for the purposes of the grant of plant breeders' rights all plant varieties of Birdsfoot Trefoil which conform with the characteristics of cultivated plant varieties ofLotus corniculatusL.

3Period 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 25 years.

4Class of plant varieties for the purposes of section 5(7) of the Act

In relation to the plant varieties prescribed in paragraph 2, 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 species specified in the Schedule to this Scheme.

Signature

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th November 1993.

L.S.

Gillian Shephard

Minister of Agriculture, Fisheries and Food

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

8th November 1993

John Redwood

Secretary of State for Wales

4th November 1993

Patrick Mayhew

Secretary of State for Northern Ireland

10th November 1993

Michael Howard

Secretary of State for the Home

Department (being the Secretary of State concerned with matters relating to the Isle of Man)

Home Office

5th November 1993

SPECIES OF WHICH PLANT VARIETIES ARE PRESCRIBED FOR THE PURPOSES OF SECTION 5(7) OF THE ACT

  • Lotus corniculatusL.

Birdsfoot Trefoil

  • Lotus uliginosusSchk.

Greater Birdsfoot Trefoil

  • Medicago falcataL.

Sickle Medick

  • Medicago sativaL.

Lucerne

  • Medicago lupulinaL.

Black Medick or Trefoil

  • Medicago x variaT. Martyn

Sand lucerne

  • Ornithopus sativusBrot.

Serradella

  • Onobrychis viciifoliaScop.

Sainfoin

  • Trifolium pratenseL.

Red Clover

  • Trifolium repensL.

White Clover

  • Trifolium alexandrinumL.

Berseem, Egyptian Clover

  • Trifolium hybridumL.

Alsike Clover

  • Trifolium incarnatumL.

Crimson Clover

Explanatory note

(This note is not part of the Scheme)

This Scheme, made under the Plant Varieties and Seeds Act 1964 prescribes all varieties of Sainfoin and Birdsfoot Trefoil as varieties in respect of which grants of plant breeders' rights may be made and also prescribes the period of twenty-five years as that during which the rights may be exercised (paragraphs 2 and 3).

The Plant Varieties and Seeds Act 1964, as read with this Scheme, provides that infringements of rights in the registered name of a prescribed variety of plant may be the subject of legal proceedings when committed in connection with a class of that variety which is specified for that purpose in the Schedule to this Scheme (paragraph 4 and Schedule).