The Plant Breeders' Rights (Tomatoes) Scheme 1993

Statutory Instruments

1993 No. 2777

PLANT BREEDERS' RIGHTS

The Plant Breeders' Rights (Tomatoes) 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(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 (Tomatoes) 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.

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 which conform with the characteristics of cultivated plant varieties of the speciesLycopersicon lycopersicum(L) Karst. ex Farwell.

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 20 years.

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

4.  In relation toLycopersicon lycopersicum(L) Karst. ex Farwell. 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 tomato.

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

L.S.

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

Home Office

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 Varieties and Seeds Act 1964, prescribes the varieties of tomato in respect of which grants of plant breeders' rights may be made and also prescribes the period of 20 years as that during which the rights may be exercised (paragraphs 2 and 3).

The 1964 Act, as read with this Scheme, provides that infringements of the rights in the registered name of a variety of tomato may be the subject of legal proceedings when committed in connection with any such variety (paragraph 4).

(1)

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.

(2)

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).

(3)

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