Plant Breeders' Rights (Festulolium) Scheme 1990

JurisdictionUK Non-devolved
CitationSI 1990/1593
Year1990

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 19641as extended to Northern Ireland2and 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 Man3, 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:

S-1 Title, commencement and interpretation

Title, 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.

S-2 Plant varieties for which plant breeders' rights may be granted

Plant 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.

S-3 Period for which rights are exercisable

Period 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.

S-4 Class of plant varieties for the purposes of section 5(7) of the Act

Class 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

...

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