Plant Breeders' Rights (Miscellaneous Ornamental Plants) Scheme 1990
| Jurisdiction | UK Non-devolved |
| Citation | SI 1990/1594 |
| Year | 1990 |
1990 No. 1594
PLANT BREEDERS' RIGHTS
The Plant Breeders' Rights (Miscellaneous Ornamental Plants) 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), 7(2) and 38(1) of, and paragraph 1(1) of Schedule 3 to, 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:
Title, commencement and interpretation
1. This Scheme may be cited as the Plant Breeders' Rights (Miscellaneous Ornamental Plants) Scheme 1990 and shall come into force on 28th August 1990.
In this Scheme “the Act” means the Plant Varieties and Seeds Act 1964.
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 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 or of any cultivated varieties which are the product of hybridization between members of any of those genera or species.
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 20 years.
Classes of plant varieties for the purposes of section 5(7) of the Act
4. In relation to any of the plant varieties referred to in paragraph 2 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 genera or species specified in column 2 of the said Schedule.
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