The Plant Breeders' Rights (Miscellaneous Ornamental Plants) (Variation) 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 them in that behalf, hereby make the following Scheme:

Title and commencement

1

This Scheme may be cited as the Plant Breeders' Rights (Miscellaneous Ornamental Plants) (Variation) Scheme 1993 and shall come into force on 1st December 1993.

Variation of the principal Scheme

2

The Schedule to the Plant Breeders' Rights (Miscellaneous Ornamental Plants) Scheme 1990[^f00004] (which specifies the genera or species of miscellaneous ornamental plants of which varieties may be the subject of plant breeders' rights) is hereby varied as follows:

• (i) before “Euphorbia Milii”there shall be added the following:

• (ii) before “Galtonia candicans”there shall be added the following:

• (iii) before “Scaevola Aemula”there shall be added the following:

• (iv) immediately after “Scaevola Aemula”there shall be added the following:

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, made under the Plant Breeders' Rights (Miscellaneous Ornamental Plants) Scheme 1990 by adding Agapanthus, Cheiranthus, Erysimum, Festuca ovina Glauca, Petunia and Trifolium arvense to the genera and species of which plant varieties may be the subject of plant breeders' rights under Part I of the Plant Varieties and Seeds Act 1964. The period prescribed as that during which rights may be exercised is 20 years. During that period infringements of the rights in the registered names of varieties of Agapanthus, Cheiranthus, Erysimum, Festuca ovina Glauca, Petunia and Trifolium arvense be the subject of legal proceedings when committed in connection with any variety of those genera.

The Scheme also provides (in paragraph 5) that a compulsory licence granted by the Controller of Plant Variety Rights in respect of varieties referred to in paragraph 2 shall not have effect during the period of three years from the date of the grant of rights in that variety.

Plant breeders' rights in respect of varieties referred to in paragraph 2 are not extended to the production or propagation of the varieties for the purpose of selling cut blooms, foliage or stems thereof.

Footnotes

[^f00001]: 1964 c. 14; section 3 was amended by section 1 of the Plant Varieties Act 1983 (c. 17); and paragraph 1(1) ofSchedule 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 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. 1990/1594 varied by S.I. 1990/2634 and S.I. 1992/1940.