1990 No. 1593

PLANT BREEDERS' RIGHTS

The Plant Breeders' Rights (Festulolium) Scheme 1990

Made

Laid before Parliament

Coming into force

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), and 38(1) of the Plant Varieties and Seeds Act 19641 as extended to Northern Ireland2 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 Man3, 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 interpretation1

1

This Scheme may be cited as the Plant Breeders' Rights (Festulolium) Scheme 1990 and shall come into force on 28th August 1990.

2

In this Scheme “the Act” means the Plant Varieties and Seeds Act 1964.

Plant varieties for which plant breeders' rights may be granted2

There are prescribed for the purposes of the grant of plant breeders' rights all plant varieties of Festulolium which conform with the characteristics of cultivated plant varieties of x. Festulolium spp.

Period for which rights are exercisable3

The period for which plant breeders' rights shall be exercisable in respect of any of the plant varieties referred to in paragraph 2 of this Scheme shall be 25 years.

Class of plant varieties for the purposes of section 5(7) of the Act4

In relation to x. Festulolium spp. 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) consist of all plant varieties of the species specified in the Schedule to this Scheme.

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd July 1990.

John Selwyn GummerMinister of Agriculture, Fisheries and Food
Sanderson of BowdenMinister of State, Scottish Office
David HuntSecretary of State for Wales
Peter BrookeSecretary of State for Northern Ireland
David WaddingtonSecretary of State for the HomeDepartment (being the Secretary of State concerned with matters relating to the Isle of Man)Home Office

SCHEDULESPECIES OF WHICH PLANT VARIETIES ARE PRESCRIBED FOR THE PURPOSES OF SECTION 5(7) OF THE ACT

Paragraph 4

Name

Common Name

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

Brown Bent

Agrostis canina L. canina

Velvet bent

Agrostis gigantea Roth

Red top

Agrostis stolonifera L.

Creeping bent

Agrostis capillaris L.

Brown top

Alopecurus pratensis L.

Meadow foxtail

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

Tall oatgrass

Bromus catharticus Vahl.

Rescue grass

Bromus inermis Lesser

Smooth brome, Awnless brome

Bromus sitchensis Trin

Alaska brome-grass

Cynosurus cristatus L.

Crested dogstail

Dactylis glomerata L.

Cocksfoot

Festuca arundinacea Schreber

Tall fescue

Festuca ovina L. sensu lato

Sheep’s fescue, fine-leaved sheep’s fescue, hard fescue

Festuca pratensis

Hudson Meadow fescue

Festuca rubra L.

Red fescue, Chewings fescue

Lolium multiflorum Lam.

Italian and Westerwolds ryegrass

Lolium perenne L.

Perennial ryegrass

Lolium x boucheanum Kunth

Hybrid ryegrass

Phalaris arundinacea L.

Reed canarygrass

Phelum pratense L. and Phelum bertolonii DC.

Timothy

Poa annua L.

Annual meadowgrass

Poa nemoralis L.

Wood meadowgrass

Poa palustris L.

Swamp meadowgrass

Poa pratensis L.

Smooth Stalked meadowgrass

Poa trivialis L.

Rough Stalked meadowgrass

Trisetum flavescens (L.) P. Beauv.

Golden oatgrass, Yellow oatgrass

x. Festulolium spp.

Festulolium hybrids

(This note is not part of the Scheme)

This Scheme, made under the Plant Varieties and Seeds Act 1964 prescribes all varieties of Festulolium as varieties in respect of which grants of plant breeders' rights may be made and also prescribes the period of twenty-five years as that during which the rights may be exercised (paragraphs 2 and 3).

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 Festulolium may be the subject of legal proceedings when committed in connection with a class of that variety which is specified for that purpose in the Schedule to this Scheme (paragraph 4 and Schedule).