1990 No. 1596
PLANT BREEDER' RIGHTS

The Plant Breeders' Rights (Trees, Shrubs and Woody Climbers) (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 sections 1(1) and (5), 3(1), 5(7), 7(2) 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 and commencement1.

This Scheme may be cited as the Plant Breeders' Rights (Trees, Shrubs and Woody Climbers) (Variation) Scheme 1990 and shall come into force on 28th August 1990.

Variation of the principal Scheme2.

The Schedule to the Plant Breeders' Rights (Trees, Shrubs and Woody Climbers) Scheme 19694 (which specifies the genera or species of trees, shrubs and woody climbers of which varieties may be the subject of plant breeders' rights), is hereby varied by substituting for the items relating to the genera Cornus alba L., Cornus controversa Hemsl., Cornus florida L., Cornus kousa (Buerger ex Miq.) Hance, Cornus mas L. and Cornus nuttallii Audubon set out in columns 1 to 5 inclusive the following item —

“Column 1

Column 2

Column 3

Column 4

Column 5

Genus or Species

Period of years for which rights are exercisable

Classes of plant varieties prescribed for purposes of section 5(7)

Period of years prescribed for purposes of section 7(2)

Additional rights

Cornus L.

30

Cornus

5”

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

John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
David Hunt
Secretary of State for Wales
Peter Brooke
Secretary of State for Northern Ireland
David Waddington
Secretary of State for the Home
Department (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 (Trees, Shrubs and Woody Climbers) Scheme 1969 by extending (in paragraph 2) the schedule of 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 to cover all species of the genus Cornus L., thirty years being prescribed as the period during which the rights may be exercised. During that period infringements of the rights in the registered name of a variety of Cornus L. may be the subject of legal proceedings when committed in connection with any variety of Cornus.

This Scheme also provides (in paragraph 2) that a compulsory licence granted by the Controller of Plant Variety Rights in respect of a variety of Cornus shall not have effect during the period of five years from the date of the grant of rights in that variety.

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