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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Plant Breeders' Rights (Miscellaneous Ornamental Plants) (Variation) Scheme 1992 No. 1940 URL: http://www.bailii.org/uk/legis/num_reg/1992/uksi_19921940_en.html |
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Statutory Instruments
PLANT BREEDERS' RIGHTS
Made
3rd August 1992
Laid before Parliament
7th August 1992
Coming into force
28th August 1992
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:
1. This Scheme may be cited as the Plant Breeders' Rights (Miscellaneous Ornamental Plants) (Variation) Scheme 1992 and shall come into force on 28th August 1992.
2. The Schedule to the Plant Breeders' Rights (Miscellaneous Ornamental Plants) Scheme 1990(4) (which specifies the genera or species of miscellaneous ornamental plants of which varieties may be the subject of plant breeders' rights) is hereby varied as follows-
(i)in column 1, after "Euphorbia Milii" insert "Galtonia candicans";
(ii)in column 2, after "Euphorbia Milii" insert "Galtonia candicans".
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 29th July 1992.
L.S.
Derek H. Andrews
Permanent Secretary, Ministry of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
3rd August 1992
David Hunt
Secretary of State for Wales
31st July 1992
Patrick Mayhew
Secretary of State for Northern Ireland
3rd August 1992
Kenneth Clarke
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
Home Office
31st July 1992
(This note is not part of the Scheme)
This Scheme varies the Plant Breeders' Rights (Miscellaneous Ornamental Plants) Scheme 1990 by adding Galtonia candicans 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 20 years. During that period infringements of the rights in the registered name of a variety of Galtonia candicans may be the subject of legal proceedings when committed in connection with any such variety.
This 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 of Galtonia candicans are not extended to the production or propagation of the varieties for the purpose of selling cut blooms, foliage or stems thereof.
1964 c. 14; section 3 was amended by section 1 of the Plant Varieties Act 1983 (c. 17), and paragraph 1(1) of Schedule 3 was amended by section 2 of that Act; section 38(1) (as amended by S.I. 1978/272) contains a definition of Ministers relevant to the exercise of the statutory powers under which the Scheme is made.
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).