The Plant Breeders' Rights (Herbaceous Perennials) Scheme 1995

• Citation: S.I. 1995/526
• Sections: 7

Section 1 Title, commencement and interpretation

(1) This Scheme may be cited as the Plant Breeders' Rights (Herbaceous Perennials) Scheme 1995 and shall come into force on 24th March 1995.

(2) In this Scheme “ the Act ” means the Plant Varieties and Seeds Act 1964 (including that Act as extended to Northern Ireland and as extended to the Isle of Man).

Section 2 Revocations

The Plant Breeders' Rights (Herbaceous Perennials) Scheme 1969 , the Plant Breeders' Rights (Herbaceous Perennials) (Variation) Scheme 1985 and the Plant Breeders' Rights (Herbaceous Perennials) (Variation) Scheme 1993 are hereby revoked.

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 herbaceous perennials 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 Periods 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 paragraph 3 of this Scheme shall be the period of years specified in column 2 of the said Schedule opposite the genus or species to which that plant variety belongs.

Section 5 Classes of plant varieties for the purposes 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 genera or species specified in column 3 of the said Schedule opposite the genus or species to which that plant variety belongs.

Section 6 Periods prescribed for the purposes of section 7(2) of the Act

In relation to any of the plant varieties referred to in paragraph 3 of this Scheme the period, if any, prescribed for the purposes of section 7(2) of the Act (which enables a provision to be made whereby a compulsory licence granted by the Controller as respects a plant variety of a species or group specified in a Scheme shall not have effect for a prescribed period after the grant of rights in that plant variety) shall be the period of years specified in column 4 of the said Schedule opposite the genus or species to which that plant variety belongs.

Section 7 Additional rights

Plant breeders' rights exercisable in respect of any of the plant varieties referred to in paragraph 3 of this Scheme shall, where the word “included” appears in column 5 of the said Schedule opposite the genus or species to which that plant variety belongs, 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.