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1. This scheme may be cited as the Plant Breeders' Rights (Compositae) Scheme 1985 and shall come into operation on 16th August 1985.
2.—(1) Subject to sub-paragraph (2) below, the Plant Breeders' Rights (Dahlias) Scheme 1966(1) and the Plant Breeders' Rights (Perennial Chrysanthemums) Scheme 1968(2) are hereby revoked.
(2) Notwithstanding the revocation of the schemes referred to in sub-paragraph (1) above, the date when each of those schemes came into force, being 15th June 1966 and 26th April 1968 respectively, shall continue to be the effective date for the purposes of the previous commercialisation rules contained in paragraph 2 of Part II of Schedule 2 to the Act in relation to any plant variety mentioned in those schemes.
3. There are prescribed for the purposes of the grant of plant breeders' rights all plant varieties of Compositae which conform with the characteristics of cultivated plant varieties of any of the genera or species specified in Column 1 of the Schedule to this scheme.
4. The period for which plant breeders' rights shall be exercisable in respect of any of the plant varieties referred to in the last preceding paragraph shall be 20 years.
5. In relation to any of the plant varieties referred to in paragraph 3 of this scheme, 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 genus specified in Column 2 of the said Schedule opposite the genus or species to which that plant variety belongs.
6. Plant breeders' rights exercisable in respect of any of the plant varieties referred to in paragraph 3 of this scheme shall include the exclusive right to produce or propagate and to authorise others to produce or propagate that plant variety for the purpose of selling cut blooms of that variety.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th July 1985.
L.S.
Michael Jopling
Minister of Agriculture, Fisheries and Food
George Younger
Secretary of State for Scotland
27th June 1985
Nicholas Edwards
Secretary of State for Wales
3rd July 1985
Douglas Hurd
Secretary of State for Northern Ireland
5th July 1985
Leon Brittan
Secretary of State for the Home Department (being the Secretary of State concerned with matters relating to the Isle of Man)
Home Office
28th June 1985
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