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The Plant Breeders' Rights (Sweet Peas) Scheme 1995

S.I. 1995/529 · Made 28 February 1995

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PLANT BREEDERS' RIGHTS

Made 28th February 1995

Laid before Parliament 3rd March 1995

Coming into force 24th March 1995

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), 7(2) 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 this Scheme is made.

f2

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

f3

By 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. 5Period specified for the purposes of section 7(2) of the Act
  6. Signature
  7. Explanatory note

1Title, commencement and interpretation

(1)

This Scheme may be cited as the Plant Breeders' Rights (Sweet Peas) Scheme 1995 and shall come into force on 24th March 1995.

(2)

In this Scheme “the Act” means the Plant Varieties and Seeds Act 1964 (including that Act as extended to Northern Ireland and as extended to the Isle of Man).

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

There are prescribed for the purposes of the grant of plant breeders' rights all plant varieties of sweet peas belonging to the genus Lathyrus odoratus L.

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 20 years.

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

In relation to Lathyrus odoratus L. 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 sweet peas.

5Period specified for the purposes of section 7(2) of the Act

In relation to any of the plant varieties referred to in paragraph 2 of this Scheme the period prescribed for the purposes of section 7(2) of the Act (which enables a provision to be made whereby a compulsory licence granted by the Controller as respects a plant variety of a species or group specified in a Scheme shall not have effect for a prescribed period after the grant of rights in that plant variety) shall be 3 years.

Signature

Howe

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

13th February 1995

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

14th February 1995

Signed by authority of the Secretary of State for Wales

Gwilym Jones

Parliamentary Under Secretary of State, Welsh Office

14th February 1995

Denton of Wakefield

Parliamentary Under Secretary of State, Northern Ireland Office

28th February 1995

Michael Howard

Secretary of State for the Home

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

14th February 1995

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 sweet peas as varieties in respect of which grants of plant breeders' rights may be made and prescribes the period of 20 years as that during which the rights may be exercised (paragraphs 2 and 3).

The Act, as read with this Scheme, provides that infringements of the rights in the registered name of a variety of sweet peas may be the subject of legal proceedings when committed in connection with any other variety of sweet peas (paragraph 4).

The Scheme also provides that a compulsory licence granted by the Controller of Plant Variety Rights in respect of a variety of sweet peas shall not have effect during a period of three years from the date of the grant of rights in that variety (paragraph 5).