The Plant Breeders' Rights (Compositae) Scheme 1985

• Citation: S.I. 1985/1093
• Sections: 6

Section 1 Title and commencement

This scheme may be cited as the Plant Breeders' Rights (Compositae) Scheme 1985 and shall come into operation on 16th August 1985.

Section 2 Revocation and transitional provisions

(1) Subject to sub-paragraph (2) below, the Plant Breeders' Rights (Dahlias) Scheme 1966 and the Plant Breeders' Rights (Perennial Chrysanthemums) Scheme 1968 are hereby revoked.

(2) Notwithstanding the revocation of the schemes referred to in sub-paragraph (1) above, the date when each of those schemes came into force, being 15th June 1966 and 26th April 1968 respectively, shall continue to be the effective date for the purposes of the previous commercialisation rules contained in paragraph 2 of Part II of Schedule 2 to the Act in relation to any plant variety mentioned in those schemes.

Section 3 Plant varieties for which plant breeders' rights may be granted

There are prescribed for the purposes of the grant of plant breeders' rights all plant varieties of Compositae which conform with the characteristics of cultivated plant varieties of any of the genera or species specified in Column 1 of the Schedule to this scheme.

Section 4 Period for which rights are exercisable

The period for which plant breeders' rights shall be exercisable in respect of any of the plant varieties referred to in the last preceding paragraph shall be 20 years.

Section 5 Classes of plant varieties for the purpose of section 5(7) of the Act

In relation to any of the plant varieties referred to in paragraph 3 of this scheme, 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) consists of all plant varieties of the genus specified in Column 2 of the said Schedule opposite the genus or species to which that plant variety belongs.

Section 6 Additional rights

Plant breeders' rights exercisable in respect of any of the plant varieties referred to in paragraph 3 of this scheme shall include the exclusive right to produce or propagate and to authorise others to produce or propagate that plant variety for the purpose of selling cut blooms of that variety.