The Plant Breeders' Rights (Herbaceous Perennials) (Variation) Scheme 1993

Statutory Instruments

1993 No. 2780

PLANT BREEDERS' RIGHTS

The Plant Breeders' Rights (Herbaceous Perennials) (Variation) 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 and commencement

1.  This Scheme may be cited as the Plant Breeders' Rights (Herbaceous Perennials) (Variation) Scheme 1993 and shall come into force on 1st December 1993.

Variation of the principal Scheme

2.  The Schedule to the Plant Breeders' Rights (Herbaceous Perennials) Scheme 1969(4) (which specifies the genera or species of miscellaneous ornamental plants of which varieties may be the subject of plant breeders' rights) shall be varied as follows:

(a) immediately after the item relating toArtemisiaL. there shall be inserted the following items—

“Column 1	Column 2	Column 3	Column 4	Column 5
Genus of species	Period of years for which rights are exercisable	Class of plant varieties prescribed for purposes of section 5(7)	Period of years prescribed for purposes of section 7(2)	Additional rights
Astelia banksii	25	Astelia	—	—
Astelia chathamica	25	Astelia	—	—
Astelia fragrans	25	Astelia	—	—
Astelia graminea	25	Astelia	—	—
Astelia grandis	25	Astelia	—	—
Astelia linearis	25	Astelia	—	—
Astelia nervosa	25	Astelia	—	—
Astelia nivicola	25	Astelia	—	—
Astelia petriei	25	Astelia	—	—
Astelia skottsbergii	25	Astelia	—	—
Astelia solandri	25	Astelia	—	—
Astelia subulata	25	Astelia	—	—
Astelia trinervia	25	Astelia	—	—”

• and

(b) immediately after the item relating toAstilbeBuch. Ham. there shall be inserted the following item—

Column 1	Column 2	Column 3	Column 4	Column 5
AstrantiaL.	25	Astrantia	—	—

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

Michael Howard

Secretary of State for the Home

Department (being the Secretary of State concerned with matters relating to the Isle of Man)

Home Office

5th November 1993

Explanatory Note

(This note is not part of the Scheme)

This Scheme varies the Plant Breeders' Rights (Herbaceous Perennials) Scheme 1969 by adding the genera and species ofAsteliaandAstrantiaspecified in paragraph 2 to the 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. The period prescribed as that during which rights may be exercised is 25 years. During that period infringements of the rights in the registered names of varieties ofAsteliaandAstrantiamay be the subject of legal proceedings when committed in connection with any variety of those genera.

The Scheme also provides in (paragraph 5) that a compulsory licence granted by the Controller of Plant Variety Rights in respect of varieties referred to in paragraph 2 shall not have effect during the period of three years from the date of the grant of rights in that variety.

Plant breeders' rights in respect of varieties referred to in paragraph 2 are not extended to the production or propagation of the varieties for the purpose of selling cut blooms, foliage or stems thereof.

(1)

1964 c. 14; section 3 was amended by section 1 of the Plant Varieties Act 1983 (c. 17); and paragraph 1(1) ofSchedule 3 was amended by section 2 of that Act; 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).

(4)

S.I. 1969/1023 varied by S.I. 1985/1090.