Plant Breeders' Rights (Tomatoes) Scheme 1993

JurisdictionUK Non-devolved
CitationSI 1993/2777
Year1993

1993No. 2777

PLANT BREEDERS' RIGHTS

The Plant Breeders' Rights (Tomatoes) Scheme 1993

10thNovember1993

10thNovember1993

1stDecember1993

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 1964 ( a)as extended to Northern Ireland ( b) 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 Man ( c), 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.-(1) This Scheme may be cited as the Plant Breeders' Rights (Tomatoes) Scheme 1993 and shall come into force on 1st December 1993.

(2) 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 the species Lycopersicon lycopersicum (L) Karst. ex Farwell.

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 20 years.

Class of plant varieties for the purposes of section 5(7) of the Act

4. In relation to Lycopersicon lycopersicum (L) Karst. ex Farwell. 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 tomato.

(a) 1964 c.14; section 3 was amended by section 1 of the Plant Varieties Act 1983 (c.17); section 38(1) (as amended by S.I. 1978/272) contains a definition of "the Ministers" relevant to the exercise of the statutory powers under which the Scheme is made.

(b) By section 39(3) of the Plant Varieties and Seeds Act 1964 and...

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