Plant Varieties Act 1983
| Jurisdiction | UK Non-devolved |
| Citation | 1983 c. 17 |
| Year | 1983 |
in subsection (1) for the words “25 years” the words “ 30 years ” ;in subsection (2) for the words “18 years” the words “ 25 years ” ; andin subsection (3) for the words “15 years” the words “ 20 years ” .(2) In subsection (2) of that section for the words “fruit trees and their rootstocks, forest and ornamental trees and grape vines” there shall be substituted the words “ fruit, forest and ornamental trees and their rootstocks and grapevines and their rootstocks ” .(3) Subsections (5) and (8) of that section and, in subsection (9) of that section, the words “or subsection (8) ” shall cease to have effect.for any period of 25 years prescribed by the scheme there shall be substituted a period of 30 years;for any period of 20 years so prescribed there shall be substituted a period of 25 years; andfor any period of 15 or 18 years so prescribed there shall be substituted a period of 20 years;(5) Nothing in this Act shall affect the operation of subsections (5) , (8) and (9) of section 3 of the 1964 Act in relation to applications made, or extensions granted on applications made, before the commencement of this Act.For subparagraphs (1) and (2) of paragraph 1 of Schedule 3 to the 1964 Act (sale of cut blooms, fruit to produce or propagate the variety in Great Britain for the purpose of selling such parts or products of the variety as may be prescribed by the scheme; andto sell or offer or expose for sale in Great Britain, so far as they are obtained from plants produced or propagated outside Great Britain, such parts or products of the variety as may be so prescribed.(1) In subsection (3) of section 7 of the 1964 Act (compulsory licences) for the words from “endeavour to secure” onwards there shall be substituted the words
The 1964 Act shall have effect subject to the further amendments set out in Schedule 1 to this Act, being miscellaneous minor amendments. (1) Section 39 of the 1964 Act (extension of that Act to Northern Ireland) shall have effect as if the provisions of this Act were provisions of the relevant Part of that Act and, with the exception of subsection (2) below, had been extended to Northern Ireland by Order in Council under subsection (2) of that section.(2) Section 40 of the 1964 Act (extension of that Act to the Isle of Man and Channel Islands) shall have effect as if the provisions of this Act were provisions of that Act.(1) This Act may be cited as the Plant Varieties Act 1983.(2) The enactments mentioned in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule.(3) This Act shall come into force at the expiry of the period of two months beginning with the day on which it is passed.In subsection (1) of section 4 of the 1964 Act (the nature of plant breeders’ rights) after the word “sell” there shall be inserted the words “ or offer or expose for sale ” .In subsection (2) of that section after the word “sale” there shall be inserted the words “ or offer or exposure for sale ” and after the word “sold”, in the first place where it occurs, there shall be inserted the words “ or offered or exposed for sale ” .In subsection (5) of that section after the word “sell” there shall be inserted the words “ or offer or expose for sale ” .
- have regard to the desirability of securing—
- (a) that the plant variety is available to the public at reasonable prices, is widely distributed and is maintained in quality;
- (b) that there is reasonable remuneration for the holder of the plant breeders’ rights; and
- (c) where there is a market for the export of the plant variety, that the market is supplied from the production of the variety in Great Britain.
- (a) the holder of the plant breeders’ rights to which an application under subsection (1) of this section relates—
- (i) is or includes, or is represented by, a society or other organisation which has as its main object, or one of its main objects, the negotiation or granting of licences to exercise plant breeders’ rights, either as the holder of the rights or as agent for holders, or
- (ii) is or includes a company any shares of which are held by or on behalf of the Ministers, and
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