The Plant Breeders' Rights (Applications in Designated Countries) Order 1996

Statutory Instruments

1996 No. 1811

PLANT BREEDERS' RIGHTS

The Plant Breeders' Rights (Applications in Designated 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.