1985 No. 1093
The Plant Breeders' Rights (Compositae) Scheme 1985
Made
Laid before Parliament
Coming into Operation
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, in exercise of the powers conferred on them by sections 1(1) and (5), 3(1) and 5(7) of, and paragraph 1(1) of Schedule 3 to, the Plant Varieties and Seeds Act 19641 as extended to Northern Ireland2 and now vested in them3, and the said Minister and the Secretary of State, acting jointly, in exercise of the said powers as extended to the Isle of Man4, 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:—
Title and commencement1
This scheme may be cited as the Plant Breeders' Rights (Compositae) Scheme 1985 and shall come into operation on 16th August 1985.
Revocation and transitional provisions2
1
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.
Plant varieties for which plant breeders' rights may be granted3
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.
Period for which rights are exercisable4
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.
Classes of plant varieties for the purpose of section 5(7) of the Act5
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.
Additional rights6
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.
SCHEDULE
Column 1 | Column 2 |
|---|---|
Genus or Species | Classes of plant varieties prescribed for the purposes of Section 5(7) |
Dahlia Car. | Dahlia |
Chrysanthemum morifolium Ramatuelle C. indicum Auct. non L. C. sinense Sabine C. chinense Hort. C. hortorum W. Miller C. japonense (Makino) Nakai C. vestitum (Hemsley) Stapf C. makinoi Matsumura and Nakai C. sibiricum (DC.) Fischer ex Turcz. C. zawadskii Herbich and varieties C. rubellum Sealy (C. erubescens Hort. non Stapf) C. cuneifolium Kitamura C. okiense Kitamura C. boreale (Makino) Makino C. aphrodite (Kitamura) C. articum Auct. non L. C. yezoense Maekawa Korean Chrysanthemums Konji Chrysanthemums Cascade Chrysanthemums C. ornatum Hemsley C. Koreanum (coreanum) Hort. | Chrysanthemum |
Gerbera Cass | Gerbera |