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Plant Varieties and Seeds Act 1964

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART I Plant Breeders' Rights

    1. 1.Grant of plant breeders' rights

    2. 2.Conditions for grant of rights

    3. 3.Period for which rights are exercisable

    4. 4.The nature of the rights

    5. 5.Naming of protected plant varieties

    6. 6.Maintenance of reproductive material

    7. 7.Compulsory licences

    8. 8.Exclusion from Restrictive Trade Practices Act 1956

    9. 9.Regulations as to applications, fees, etc.

    10. 10.The Tribunal

    11. 11.The Plant Variety Rights Office

    12. 12.Application of Tribunals and Inquiries Act 1958

    13. 13.False representations as to rights and false information

    14. 14.Application of Part I to the Crown

    15. 15.Interpretation of Part I

  3. PART II Seeds and Seed Potatoes

    1. Regulation of sales

      1. 16.Seeds regulations

      2. 17.Civil liabilities of sellers of seeds

      3. 18.Defences in proceedings for offences against seeds regulations

      4. 19.Presumption as respects statutory statements under seeds regulations

    2. The Index

      1. 20.Index of names of plant varieties

      2. 21.Restrictions on sales of seeds of unindexed plant varieties

      3. 22.Performance trials and reports for new varieties within a section of the Index

      4. 23.Punishment for offences in connection with the Index

    3. Official testing stations

      1. 24.Official testing stations and certificates of test

    4. Supplemental

      1. 25.Powers of entry

      2. 26.Use of samples in criminal proceedings

      3. 27.Tampering with samples

      4. 28.Institution of criminal proceedings

      5. 29.Application of Part II to seed potatoes

      6. 30.Interpretation of Part II

      7. 31.Repeals and consequential amendment

  4. PART III Control of Imports and Prevention of Cross-Pollination

    1. 32.Control of imports of potentially deleterious seeds

    2. 33.Measures to prevent injurious cross-pollination affecting crops of seeds

  5. PART IV General

    1. 34.The gazette

    2. 35.General provisions as to offences

    3. 36.Supplemental provisions as to regulations

    4. 37.Departmental expenses and payments into Exchequer

    5. 38.Interpretation

    6. 39.Extension of Act to Northern Ireland

    7. 40.Extension of Act to Isle of Man and Channel Islands

    8. 41.Short title and commencement

  6. SCHEDULES

    1. SCHEDULE 1

      Protection of Applicant for Rights while Application is Pending

      1. 1.(1) An applicant for the grant of plant breeders' rights...

      2. 2.(1) While a protective direction is in force, anything which,...

      3. 3.(1) The Controller may at any time, if in all...

      4. 4.(1) If at any time the Controller is satisfied that...

    2. SCHEDULE 2

      1. PART I Priorities between Applicants for Rights

        1. 1.(1) If the variety was independently bred or discovered by...

        2. 2.(1) For the purposes of the foregoing paragraph am application...

        3. 3.Regulations under section 9 of this Act may provide for...

      2. PART II Rules for Grant of Rights

        1. Distinctness

          1. 1.(1) The variety must be clearly distinguishable by one or...

        2. Previous commercialisation

          1. 2.(1) Subject to this Schedule, in the period before the...

          2. 3.(1) Where an application in the form prescribed for the...

        3. Uniformity

          1. 4.The variety must be sufficiently uniform or homogeneous having regard...

        4. Stability

          1. 5.The variety must be stable in its essential characteristics, that...

    3. SCHEDULE 3

      Plant Breeders' Rights in Special Cases

      1. Sale of cut blooms, fruit, etc.

        1. 1.(1) If it appears to the Ministers that, in the...

      2. Use of reproductive material for production of certain other plant varieties

        1. 2.Plant breeders' rights shall include the exclusive right to do,...

    4. SCHEDULE 4

      The Plant Variety Rights Tribunal

      1. The Chairman

        1. 1.(1) The Lord Chancellor shall appoint a chairman for the...

        2. 2.In the case of the temporary absence or inability to...

        3. 3.In relation to proceedings before the Tribunal in Scotland—

        4. 4.(1) Part III of Schedule 1 to the House of...

      2. The two panels

        1. 5.(1) The Ministers shall draw up and from time to...

      3. Remuneration of members of Tribunal

        1. 6.The Ministers may pay to members of the Tribunal such...

      4. Officers and servants

        1. 7.(1) The Ministers may appoint such officers and servants of...

      5. Procedure

        1. 8.(1) The jurisdiction of the Tribunal shall be exercised by...

        2. 9.(1) The Tribunal in exercising their statutory jurisdiction may order...

    5. SCHEDULE 5

      Procedure for Compiling and Amending Index

      1. 1.(1) As a first step in compiling a section of...

      2. 2.The Ministers may at any time after a section of...

      3. 3.(1) If at the time when a name, or more...

      4. 4.The Ministers may require persons making applications which involve the...

      5. 5.(1) The Ministers, after consultation with representatives of such interests...

    6. SCHEDULE 6

      Repeals of Seeds Enactments

    7. SCHEDULE 7

      Cross-Pollination Injuring Protected Crops

      1. 1.An application under section 33 of this Act seeking the...

      2. 2.Before deciding whether to issue a notice in accordance with...

      3. 3.The Minister shall, if requested within such time as may...

      4. 4.In deciding whether to issue a notice in accordance with...

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