The Plant Breeders' Rights (Miscellaneous Ornamental Plants) Scheme 1995

Link to law: http://www.legislation.gov.uk/uksi/1995/527/made/data.htm?wrap=true
Published: 1995-02-28

Statutory Instruments
1995 No. 527

PLANT BREEDERS' RIGHTS
The Plant Breeders' Rights (Miscellaneous Ornamental Plants) 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), 4(1), 5(7), 7(2) and 38(1) of, and paragraph 1(1) of Schedule 3 to, the Plant Varieties and Seeds Act 1964(1) as extended to Northern Ireland(2), 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(3), 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 (Miscellaneous Ornamental Plants) Scheme 1995 and shall come into force on 24th March 1995.

(2) 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).

Revocations

2.  The Plant Breeders' Rights (Miscellaneous Ornamental Plants) Scheme 1990(4), the Plant Breeders' Rights (Miscellaneous Ornamental Plants) (Variation) Scheme 1990(5), the Plant Breeders' Rights (Miscellaneous Ornamental Plants) (Variation) Scheme 1992(6) and the Plant Breeders' Rights (Miscellaneous Ornamental Plants) (Variation) Scheme 1993(7) are hereby revoked.

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 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 or of any cultivated varieties which are the product of hybridization between members of any of those genera or species.

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 paragraph 3 of this Scheme shall be 20 years.

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

5.  In relation to any of the plant 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 genera or species specified in column 2 of the said Schedule opposite the genus or species to which that plant variety belongs.

Period prescribed for the 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 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 3 years.

Additional rights

7.  Plant breeders' rights exercisable in respect of any of the plant varieties of the genus or species Kalanchoe Adans. shall 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 of that variety.

Howe
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
13th February 1995

Hector Monro
Parliamentary Under Secretary of State, Scottish Office
14th February 1995

Signed by authority of the Secretary of State for Wales

Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
14th February 1995

Denton of Wakefield
Parliamentary Under Secretary of State, Northern Ireland Office
28th February 1995

Michael Howard
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
14th February 1995

Paragraphs 3 and 5
SCHEDULE

Column 1
Column 2

Genus or species
Class of plant varieties prescribed for the purposes of section 5(7)

Agapanthus L.
Agapanthus

Aptenia cordifolia (L.f.) Schwantes
Aptenia cordifolia

Aubretia Adans.
Aubretia

Begonia semperflorens
Begonia semperflorens

Cheiranthus L.
Cheiranthus

Erysimum L.
Erysimum

Euphorbia Milii
Euphorbia Milii

Festuca ovina Glauca

Agrostis canina L. ssp montana (Hartm.) Hartm.

Agrostis canina L. canina

Agrostis gigantea Roth.

Agrostis stolonifera L.

Agrostis capillaris L.

Alopecurus pratensis L.

Arrhenatherum clatius (L.) P. Beauv. ex. J.S. et K.B. Presl.

Bromus catharticus Vahl.

Bromus inermis Lesser

Bromus sitchensis Trin.

Cynosurus cristatus L.

Dactylis glomerata L.

Festuca arundinacea Schreber

Festuca ovina L. sensu lato

Festuca pratensis Hudson

Festuca rubra L.

Lolium multiflorum Lam.

Lolium perenne L.

Lolium x boucheanum Kunth.

Phalaris arundinacea L.

Phleum pratense L. and Phleum bertolonii DC.

Poa annua L.

Poa nemoralis L.

Poa palustris L.

Poa pratensis L.

Poa trivialis L.

Trisetum flavescens (L.) P.Beauv.

x. Festulolium spp.

Galtonia candicans
Galtonia candicans

Houttuynia Thunb
Houttuynia

Impatiens hawkeri Bull (including I. Linearifolia Warb.)
Impatiens

Kalanchoe Adans.
Kalanchoe

Osteospermum L.
Osteospermum

Petunia L.
Petunia

Scaevola Aemula
Scaevola Aemula

Trifolium arvense

Lotus corniculatus L.

Lotus uliginosus Schk.

Medicago falcata L.

Medicago sativa L.

Medicago lupulina L.

Medicago x varia T.Martyn

Ornithopus sativus Brot.

Onobrychis viciifolia Scop.

Trifolium arvense

Trifolium pratense L.

Trifolium repens L.

Trifolium alexandrinum L.

Trifolium hybridum L.

Trifolium incarnatum L.

Verbena L.
Verbena

Explanatory Note

(This note is not part of the Scheme)
This Scheme, made under the Plant Varieties and Seeds Act 1964, supersedes the Plant Breeders' Rights (Miscellaneous Ornamental Plants) Scheme 1990 as amended.
The Scheme, which comes into force on 24th March 1995, prescribes the varieties of miscellaneous ornamental plants in respect of which grants of plant breeders' rights may be made and adds Aptenia cordifolia (L.f.) Schwantes, Aubretia Adans., Begonia semperflorens, Houttuynia Thunb. and Verbena L. to the genera and species of plant varieties which may be made the subject of such rights (paragraph 3 and column 1 of the Schedule).
The period prescribed as that during which such rights may be exercised is 20 years (paragraph 4).
The 1964 Act, as read with this Scheme, provides that infringements of the rights in the registered name of a variety of ornamental plant to which this Scheme applies may be the subject of legal proceedings when committed in connection with a variety of the genera or species which are specified for that purpose in column 2 of the Schedule (paragraph 5).
The Scheme also provides that a compulsory licence granted by the Controller of Plant Variety Rights in respect of a variety of ornamental plant to which the Scheme applies shall not have effect during a period of 3 years from the date of the grant of rights in respect of that variety (paragraph 6).
Plant breeders' rights in respect of the varieties of Kalanchoe Adans. are extended to the production and propagation of the varieties for the purpose of selling cut blooms of those varieties (paragraph 7).


(1)
1964 c. 14; section 3 was amended by section 1 of the Plant Varieties Act 1983 (c. 17); section 4 was amended by section 4 of that Act; paragraph 1(1) of Schedule 3 was amended by section 2 of that Act; 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 this Scheme is made.

(2)
By section 39(3) of the Plant Varieties and Seeds Act 1964 and by S.I. 1964/1574.

(3)
By S.I. 1969/1829, amended by S.I. 1987/2210.

(4)
S.I. 1990/1594.

(5)
S.I. 1990/2634.

(6)
S.I. 1992/1940.

(7)
S.I. 1993/2778.
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