The Plant Breeders' Rights (Trees, Shrubs and Woody Climbers) Scheme 1993

Made: 10th November 1993

Laid before Parliament: 10th November 1993

Coming into force: 1st December 1993

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[^f00001], as extended to Northern Ireland[^f00002] 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[^f00003], 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 then in that behalf, hereby make the following Scheme:

Title, commencement and interpretation

1

• (1) This Scheme may be cited as the Plant Breeders' Rights (Trees, Shrubs and Woody Climbers) 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 as extended to Northern Ireland;

• “plant breeders' rights” means rights which may be granted in accordance with Part I of this Act.

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 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.

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 the period of years specified in column 2 of the said Schedule opposite the genus or species to which that plant variety belongs.

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

4

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 specified for the purposes of section 7(2) of the Act

5

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

6

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 that plant variety for the purpose of selling cut blooms, foliage or stems thereof.

Revocations

7

The Plant Breeders' Rights (Trees, Shrubs and Woody Climbers) Scheme 1969[^f00004], the Plant Breeders' Rights (Trees, Shrubs and Woody Climbers) (Amendment) Scheme 1971[^f00005], the Plant Breeders' Rights (Trees, Shrubs and Woody Climbers) (Variation) Scheme 1985[^f00006], the Plant Breeders' Rights (Trees, Shrubs and Woody Climbers) (Variation) Scheme 1990[^f00007] and the Plant Breeders' Rights (Trees, Shrubs and Woody Climbers) (Variation) Scheme 1993[^f00008] are hereby revoked.

SCHEDULE

Signed

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th November 1993.

Gillian Shephard — Minister of Agriculture, Fisheries and Food

Hector Monro — Parliamentary Under Secretary of State, Scottish Office — 8th November 1993

John Redwood — Secretary of State for Wales — 4th November 1993

Patrick Mayhew — Secretary of State for Northern Ireland — 10th November 1993

Michael Howard — Secretary of State for the Home — Department (being the Secretary of State concerned with matters relating to the Isle of Man) — 5th November 1993

Explanatory note

(This note is not part of the Scheme)

This Scheme supersedes the Plant Breeders' Rights (Trees, Shrubs and Woody Climbers) Scheme 1969 as amended. It prescribes the varieties of trees, shrubs and woody climbers, which belong to the genera or species which are specified in column 1 of the Schedule, in respect of which grants of plant breeders' rights may be made and also prescribes the periods of years, which are specified in column 2 of the Schedule, as those during which the rights may be exercised.

The Plant Varieties and Seeds Act 1964, as read with this Scheme, provides that infringements of the rights in the registered name of a variety of tree, shrub or woody climber may be the subject of legal proceedings when committed in connection with the class of variety which is specified for that purpose in column 3 of the Schedule.

This Scheme also provides that a compulsory licence granted by the Controller of Plant Variety Rights in respect of a variety of tree, shrub or wood climber shall not have effect during the period of years, if any, specified for that purpose in column 4 of the Schedule.

Plant breeders' rights in respect of certain varieties of tree, shrub or woody climber to which the Scheme applies are extended, where so indicated in column 5 of the Schedule, to the production and propagation of the varieties for the purpose of selling cut blooms, foliage or stems.

Footnotes

[^f00001]: 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.

[^f00002]: By section 39(3) of the Plant Varieties and Seeds Act 1964 and by the Plant Varieties and Seeds (Northern Ireland) Order 1964 (S.I. 1964/1574).

[^f00003]: By the Plant Varieties and Seeds (Isle of Man) Order 1969 (S.I. 1969/1829), amended by S.I. 1987/2210.

[^f00004]: S.I. 1969/1024.

[^f00005]: S.I. 1971/1093.

[^f00006]: S.I. 1985/1091.

[^f00007]: S.I. 1990/1596.

[^f00008]: S.I. 1993/1733.