Plant Breeders' Rights (Poinsettias) Scheme 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/1094 |
| Year | 1985 |
1985 No. 1094
PLANT BREEDERS' RIGHTS
The Plant Breeders' Rights (Poinsettias) Scheme 198510thJuly 1985
25thJuly 1985
16thAugust 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 1964(a) as extended to Northern Ireland (b) and now vested in them(c), and the said Minister and the Secretary of State, acting jointly, in exercise of the said powers as extended to the Isle of Man(d), 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 (Poinsettias) Scheme 1985 and shall come into operation on 16th August 1985.
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 poinsettias which conform with the characteristics of cultivated plant varieties of Euphorbia pulcherrima Wild ex Klotzsch.
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 the last preceding paragraph shall be the period of 20 years.
Class of plant varieties for the purposes of section 5(7) of the Act
4. In relation to Euphorbia pulcherrima Wild ex Klotzsch the class of plant varieties prescribed for the purposes of section 5(7) of the Plant Varieties and Seeds Act 1964 (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 Euphorbia L.
(a) 1964 c. 14; section 3 was amended by the Plant Varieties Act 1983 (c. 17), section 1 and paragraph 1(1) of Schedule 3 was amended by section 2 of that Act.
(b) By the Plant Varieties and Seeds (Northern Ireland) Order 1964 (S.I. 1964/1574).
(c) In the case of the Secretary of State for Wales, by virtue of S.I. 1978/272.
(d) By the Plant Varieties and Seeds (Isle of Man) Order 1969 (S.I....
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