Explanatory note

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).