Statutory Instruments
1996 No. 1811
PLANT BREEDERS' RIGHTS
The Plant Breeders' Rights (Applications inDesignated Countries) Order 1996
Made
9th July 1996
Coming into force
1st August 1996
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 by paragraph 2(7) of Part I of Schedule 2 to the Plant Varieties and Seeds Act 1964(1), as extended to Northern Ireland(2) and now vested in them(3) and the said Minister and the Secretary of State, acting jointly, in exercise of the said powers as extended to the Isle of Man(4) and of all other powers enabling them in that behalf, hereby make the following order:
Title and commencement
1. This Order may be cited as the Plant Breeders' Rights (Applications in Designated Countries) Order 1996 and shall come into force on 1st August 1996.
Revocation
2. The Plant Breeders' Rights (Applications in Designated Countries) Order 1982(5) and the Plant Breeders' Rights (Applications in Designated Countries) (Variation) Order 1985(6) are hereby revoked.
Designated countries
3. The following countries are hereby designated as countries to which paragraph 2 of Part I of Schedule 2 to the Plant Varieties and Seeds Act 1964 applies—
Argentina
Australia
Austria
Belgium
Canada
Chile
Denmark
Finland
France
Hungary
Israel
Italy
Japan
New Zealand
Norway
Poland
Portugal
Slovakia
South Africa
Spain
Sweden
Switzerland
the Czech Republic
the Federal Republic of Germany
the Netherlands
the Republic of Ireland
the United States of America
Ukraine
Uruguay
Tim Boswell
Parliamentary Secretary,Ministry of Agriculture, Fisheries and Food
9th July 1996
Lindsay
Parliamentary Under Secretary of State,Scottish Office
1st July 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,Welsh Office
27th June 1996
Patrick Mayhew
Secretary of State for Northern Ireland
8th July 1996
Blatch
Minister of State, Home Office
1st July 1996
Explanatory Note
(This note is not part of the Order)
Paragraph 2 of Part I of Schedule 2 to the Plant Varieties and Seeds Act 1964 enables an application for a grant of plant breeders' rights, made in a country to which that paragraph applies, to be treated as if made in the United Kingdom and the Isle of Man for the purpose of establishing priority between applicants for rights in a variety. This Order revokes and consolidates the Plant Breeders' Rights (Applications in Designated Countries) Order 1982 and the Plant Breeders' Rights (Applications in Designated Countries) (Variation) Order 1985, and adds Argentina, Australia, Austria, Canada, Chile, the Czech Republic, Finland, Norway, Poland, Portugal, Slovakia, Ukraine and Uruguay to the list of countries designated for the purposes of that paragraph.
(1)
1964 c. 14; See section 38(1) (as amended by S.I. 1978/272 and as read with section 39(3)(a)(ii)) for the definition of“the Ministers”.
(2)
S.I. 1964/1574.
(3)
In the case of the Secretary of State for Wales, by virtue of S.I. 1978/272.
(4)
S.I. 1969/1829.
(5)
S.I. 1982/1094.
(6)
S.I. 1985/1098.