Plant Breeders' Rights (Sweet Peas) Scheme 1995

JurisdictionUK Non-devolved
CitationSI 1995/529

1995 No. 529

PLANT BREEDERS' RIGHTS

The Plant Breeders' Rights (Sweet Peas) Scheme 1995

Made 28th February 1995

Laid before Parliament 3rd March 1995

Coming into force 24th March 1995

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 the Plant Varieties and Seeds Act 19641as extended to Northern Ireland2, and 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 (Sweet Peas) Scheme 1995 and shall come into force on 24th March 1995.

In this Scheme “the Act” means the Plant Varieties and Seeds Act 1964 (including that Act as extended to Northern Ireland and as extended to the Isle of Man).

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 sweet peas belonging to the genus Lathyrus odoratus L.

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 20 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 Lathyrus odoratus L. 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 sweet peas.

S-5 Period specified for the purposes of section 7(2) of the Act

Period specified...

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