Plant Breeders' Rights (Trees, Shrubs and Woody Climbers) Scheme 1969
| Jurisdiction | UK Non-devolved |
| Citation | SI 1969/1024 |
| Year | 1969 |
1969 No. 1024
PLANT BREEDERS' RIGHTS
The Plant Breeders' Rights (Trees, Shrubs and Woody Climbers) Scheme 196923rdJuly 1969
6thAugust 1969
7thAugust 1969
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for the Home Department (being the Secretary of State concerned with agriculture in Northern Ireland), acting jointly, in exercise of the powers conferred on them by sections 1, 3, 5 and 7 of, and paragraph 1 of Schedule 3 to, the Plant Varieties and Seeds Act 1964(a), as extended to Northern Ireland by the Plant Varieties and Seeds (Northern Ireland) Order 1964(b), 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 (Trees, Shrubs and Woody Climbers) Scheme 1969 and shall come into operation on 7th August 1969.
Interpretation
2.—(1) In this Scheme, unless the context otherwise requires—
"the Act" means the Plant Varieties and Seeds Act 1964 as extended to Northern Ireland;
"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.
(2) The Interpretation Act 1889(c) shall apply to the interpretation of this Scheme as it applies to the interpretation of an Act of Parliament.
Plant Varieties for which Plant Breeders' Rights may be granted
3. There are prescribed for the purposes of the grant of plant breeders' rights all plant varieties of trees, shrubs and woody climbers 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.
(a) 1964 c. 14.
(b) S.I. 1964/1574 (1964 III, p. 3543).
(c) 1889 c. 63.
Period for which Rights are Exercisable
4. 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 years specified in column 2 of the said Schedule opposite the genus or species to which that plant variety belongs.
Classes of Plant Varieties for the Purposes of Section 5(7) of the Act
5. In relation to any of the varieties referred to in paragraph 3 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 genus or species specified in column 3 of the said Schedule opposite the genus or species to which that plant variety belongs.
Periods prescribed for Purposes of Section 7(2) of the Act
6. In relation to any of the plant varieties referred to in paragraph 3 of this Scheme the period, if any, prescribed for the purposes of section 7(2) of the Act (which enables a provision to be made whereby a compulsory licence granted by the Controller as respects a plant variety of a species or group specified in a scheme shall not have effect for a prescribed period after the grant of rights in that plant variety) shall be the period of years specified in column 4 of the said Schedule opposite the genus or species to which that plant variety belongs.
Additional Rights
7. Plant breeders' rights exercisable in respect of any of the plant varieties referred to in paragraph 3 of this Scheme shall, where the word "included" appears in column 5 of the said Schedule opposite the genus or species to which that plant variety belongs, include the exclusive right to produce or propagate and to authorise others to produce or propagate that plant variety for the purpose of selling cut blooms, foliage or stems thereof.
In Witness whereof the...
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