Plant Breeders' Rights (Compositae) Scheme 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/1093 |
1985 No. 1093
PLANT BREEDERS' RIGHTS
The Plant Breeders' Rights (Compositae) Scheme 1985
Made 10th July 1985
Laid before Parliament 25th July 1985
Coming into Operation 16th August 1985
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 19641as extended to Northern Ireland2and 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 commencement
1. 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 provisions
2.—(1) Subject to sub-paragraph (2) below, the Plant Breeders' Rights (Dahlias) Scheme 19665and the Plant Breeders' Rights (Perennial Chrysanthemums) Scheme 19686are 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.
Plant varieties for which plant breeders' rights may be granted
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.
Period for which rights are exercisable
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.
Classes of plant varieties for the purpose of section 5(7) of the Act
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...
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