Plant Breeders' Rights (Herbaceous Perennials) Scheme 1969
| Jurisdiction | UK Non-devolved |
| Citation | SI 1969/1023 |
| Year | 1969 |
1969 No. 1023
PLANT BREEDERS' RIGHTS
The Plant Breeders' Rights (Herbaceous Perennials) Scheme 196923rdJuly 1969
6thAugust 1969
7thAugust 1969
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for the Home Department (being the Secretary of State concerned with agriculture in Northern Ireland), acting jointly, in exercise of the powers conferred on them by sections 1, 3, 5 and 7 of, and paragraph 1 of Schedule 3 to, the Plant Varieties and Seeds Act 1964(a), as extended to Northern Ireland by the Plant Varieties and Seeds (Northern Ireland) Order 1964(b), and of all other powers enabling them in that behalf, after consultation with the Controller of Plant Variety Rights and with representatives of such interests as appear to them to be concerned, hereby make the following scheme:—
Citation and Commencement
1. This scheme may be cited as the Plant Breeders' Rights (Herbaceous Perennials) Scheme 1969 and shall come into operation on 7th August 1969.
Interpretation
2.—(1) In this scheme, unless the context otherwise requires:—
"the Act" means the Plant Varieties and Seeds Act 1964 as extended to Northern Ireland;
"the Controller" means the Controller of Plant Variety Rights;
"plant breeders' rights" means rights which may be granted in accordance with Part I of the Act;
"plant variety" means any clone, line, hybrid or genetic variant.
(2) The Interpretation Act 1889(c) shall apply to the interpretation of this scheme as it applies to the interpretation of an Act of Parliament.
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 herbaceous perennials 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.
Periods 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
(a) 1964 c. 14.
(b) S.I. 1964/1574 (1964 III, p. 3543).
(c) 1889 c. 63.
the period of years specified in column 2 of the said Schedule opposite the genus or species to which that plant variety belongs.
Classes of Plant Varieties for the Purposes 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...
To continue reading
Request your trial