Plant Breeders' Rights (Soft Fruits) Scheme 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/331 |
| Year | 1980 |
1980 No. 331
PLANT BREEDERS' RIGHTS
The Plant Breeders' Rights (Soft Fruits) Scheme 19806thMarch 1980
14thMarch 1980
4thApril 1980
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), 5(7) and 7(2) of, and paragraph 1(1) of Schedule 3 to, the Plant Varieties and Seeds Act 1964(a), (extended to Northern Ireland by the Plant Varieties and Seeds (Northern Ireland) Order 1964(b) and to the Isle of Man by the Plant Varieties and Seeds (Isle of Man) Order 1969(c)) and now vested in them(d) 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 (Soft Fruits) Scheme 1980 and shall come into operation on 4th April 1980.
Revocation, and transitional provisions
2.—(1) Subject to sub-paragraph (2) below, the schemes specified in column 1 of Schedule 1 to this scheme are hereby revoked.
(2) Notwithstanding the revocation of the schemes referred to in sub-paragraph (1) above, the date when each of those schemes came into force, being the date specified in column 2 of Schedule 1 to this scheme opposite the reference to that scheme, shall continue to be the effective date for the purposes of the previous commercialisation rules contained in paragraph 2 of Part II of Schedule 2 to the Act in relation to any plant variety to which that scheme applies.
Interpretation
3. In this scheme, unless the context otherwise requires—
"the Act" means the Plant Varieties and Seeds Act 1964;
"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.
(a) 1964 c. 14.
(b) S.I. 1964/1574.
(c) S.I. 1969/1829.
(d) In the case of the Secretary of State for Wales by virtue of S.I. 1978/272.
Plant varieties for which plant breeders' rights may be granted
4. There are prescribed for the purposes of the grant of plant breeders' rights all plant varieties of soft fruits which conform with the characteristics of cultivated plant varieties of any of the...
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