1990 No. 1595

PLANT BREEDERS' RIGHTS

The Plant Breeders' Rights (Oil and Fibre Plants) (Variation) 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 sections1(1) and (5), 3(1), 5(7) and 38(1) 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 and commencement1

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

Variation of the principal Scheme2

The Plant Breeders' Rights (Oil and Fibre Plants) Scheme 19804 shall be varied as follows:

a

at the end of paragraph 5 there shall be added the following sub-paragraphs—

iv

in relation to plant varieties of borage of all plant varieties of the species specified in Part IV of Schedule 2 to this Scheme;

v

in relation to plant varieties of coriander of all plant varieties of the species specified in Part V of Schedule 2 to this Scheme;

vi

in relation to plant varieties of sunflower of all plant varieties of the species specified in Part VI of Schedule 2 to this Scheme.

b

at the end of Schedule 1 there shall be added the following items—

Column 1

Column 2

Name

Common Name

Period of years for which rights are exercisable

Borago Officinalis L.

Borage

20

Brassica rapa L. var silvestris (Lam.) Briggs

Turnip rape

20

Coriandrum sativum (L)

Coriander

20

Helianthus annus L.

Sunflower

20

c

in Schedule 2—

a

in Part III, for the item relating to Brassica rapa L. (Partim) there shall be substituted the following item—

NAME

COMMON NAME

Brassica rapa L. var silvestris (Lam.) Briggs

Turnip rape

b

at the end there shall be added the following—

PART IVBORAGE

NAME

COMMON NAME

Borago Officinalis L.

Borage

PART VCORIANDER

NAME

COMMON NAME

Coriandrum sativum (L)

Coriander

PART VISUNFLOWER

NAME

COMMON NAME

Helianthus annus L.

Sunflower

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

(This note is not part of the Scheme)

This Scheme varies the Plant Breeders' Rights (Oil and Fibre Plants) Scheme 1980 (as varied) by adding borage (Borago Officinalis L.), turnip rape (Brassica rapa L. var silvestris (Lam.) Briggs), coriander (Coriandrum sativum(L) ) and sunflower (Helianthus annus L.) to the 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 in each of those species may be exercised is 20 years. During that period infringements of the rights in the registered name of a variety of borage, coriander or sunflower may be the subject of legal proceedings when committed in connection with any such variety.