UNITED KINGDOM STATUTORY INSTRUMENT
1990 No. 1593
PLANT BREEDERS' RIGHTS
The Plant Breeders' Rights (Festulolium) Scheme 1990
Made 30th July 1990
Laid before Parliament 7th August 1990
Coming into force 28th August 1990
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), and 38(1) of the Plant Varieties and Seeds Act 1964as extended to Northern Irelandand 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, 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:
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Title, commencement and interpretationTitle, commencement and interpretation
1. This Scheme may be cited as the Plant Breeders' Rights (Festulolium) Scheme 1990 and shall come into force on 28th August 1990.
In this Scheme “the Act” means the Plant Varieties and Seeds Act 1964.
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Plant varieties for which plant breeders' rights may be grantedPlant varieties for which plant breeders' rights may be granted
2. There are prescribed for the purposes of the grant of plant breeders' rights all plant varieties of Festulolium which conform with the characteristics of cultivated plant varieties of x. Festulolium spp.
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Period for which rights are exercisablePeriod for which rights are exercisable
3. The period for which plant breeders' rights shall be exercisable in respect of any of the plant varieties referred to in paragraph 2 of this Scheme shall be 25 years.
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Class of plant varieties for the purposes of section 5(7) of the ActClass of plant varieties for the purposes of section 5(7) of the Act
4. In relation to x. Festulolium spp. 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) consist of all plant varieties of the species specified in the Schedule to this Scheme.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
23rd July 1990
David Hunt
Secretary of State for Wales
20th July 1990
Peter Brooke
Secretary of State for Northern Ireland
30th July 1990
David Waddington
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
Home Office
27th July 1990
SCHEDULE
Paragraph 4
SPECIES OF WHICH PLANT VARIETIES ARE PRESCRIBED FOR THE PURPOSES OF SECTION 5(7) OF THE ACT
Name |
Common Name |
Agrostis canina L. ssp. montana (Hartm.) Hartm. |
Brown Bent |
Agrostis canina L. canina |
Velvet bent |
Agrostis gigantea Roth |
Red top |
Agrostis stolonifera L. |
Creeping bent |
Agrostis capillaris L. |
Brown top |
Alopecurus pratensis L. |
Meadow foxtail |
Arrhenatherum elatius (L.) P. Beauv. ex. J. S. et K. B. Presl. |
Tall oatgrass |
Bromus catharticus Vahl. |
Rescue grass |
... |