BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Statutory Instruments |
||
|
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Plant Breeders' Rights (Miscellaneous Ornamental Plants) (Variation) Scheme 1993 No. 2778 URL: http://www.bailii.org/uk/legis/num_reg/1993/uksi_19932778_en.html |
||
[New search] [Help]
Statutory Instruments
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), 7(2) and 38(1) of the Plant Varieties and Seeds Act 1964(1) as extended to Northern Ireland(2) 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(3) 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. This Scheme may be cited as the Plant Breeders' Rights (Miscellaneous Ornamental Plants) (Variation) Scheme 1993 and shall come into force on 1st December 1993.
2. The Schedule to the Plant Breeders' Rights (Miscellaneous Ornamental Plants) Scheme 1990(4) (which specifies the genera or species of miscellaneous ornamental plants of which varieties may be the subject of plant breeders' rights) is hereby varied as follows:
(i)before "Euphorbia Milii"there shall be added the following:
| "Column 1 | Column 2 |
|---|---|
Genus or species | Classes of plant varieties prescribed for purposes of section 5(7) |
AgapanthusL. | Agapanthus |
CheiranthusL. | Cheiranthus |
ErysimumL. | Erysimum;" |
(ii)before "Galtonia candicans"there shall be added the following:
| "Column 1 | Column 2 |
|---|---|
Festuca ovina Glauca | Agrostis caninaL. sspmontana(Hartm.) Hartm. Agrostis caninaL.canina Agrostis giganteaRoth. Agrostis stoloniferaL. Agrostis capillarisL. Alopecurus pratensisL. Arrhenatherum clatius(L.) P.Beauv. ex. J.S. et K.B.Presl. Bromus catharticusVahl. Bromus inermisLesser Bromus sitchensisTrin. Cynosurus cristatusL. Dactylis glomerataL. Festuca arundinaceaSchreber Festuca ovinaL.sensu lato Festuca pratensisHudson Festuca rubraL. Lolium multiflorum Lam. Lolium perenneL. Lolium x boucheanumKunth. Phalaris arundinaceaL. Phleum pratenseL. andPhleum bertoloniiDC. Poa annuaL. Poa nemoralisL. Poa palustrisL. Poa pratensisL. Poa trivialisL. Trisetum flavescens(L.) P.Beauv. x.Festuloliumspp.;" |
(iii)before "Scaevola Aemula"there shall be added the following:
| "Column 1 | Column 2 |
|---|---|
PetuniaL. | Petunia;" |
(iv)immediately after "Scaevola Aemula"there shall be added the following:
| "Column 1 | Column 2 |
|---|---|
Trifolium arvense | Lotus corniculatusL. Lotus uliginosusSchk. Medicago falcataL. Medicago sativaL. Medicago lupulinaL. Medicago x variaT.Martyn Ornithopus sativusBrot. Onobrychis viciifoliaScop. Trifolium arvense Trifolium pratenseL. Trifolium repensL. Trifolium alexandrinumL. Trifolium hybridumL. Trifolium incarnatumL." |
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)
5th November 1993
(This note is not part of the Scheme)
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.
1964 c. 14; section 3 was amended by section 1 of the Plant Varieties Act 1983 (c. 17); and paragraph 1(1) ofSchedule 3 was amended by section 2 of that Act; 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.
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).
