Plant Varieties and Seeds Act 1964

Previous commercialisation U.K.

2 (1) Subject to this Schedule, in the period before the scheme by virtue of which the application is made came into force, no plants of the variety, and no material forming part of, or derived from, plants of the variety may have been offered [F1 or exposed] for sale or sold by any person in the United Kingdom or elsewhere.

(2) Subject to this Schedule, in the period beginning with the date when the said scheme came into force and ending with the date of the application no plants of the variety, and no material forming part of, or derived from, plants of the variety, may have been offered [F1 or exposed] for sale or sold by or with the consent of the applicant in the United Kingdom or elsewhere:

[F2 Provided that the restriction imposed by this sub-paragraph shall not apply to sales or offers or exposures for sale made outside the United Kingdom—

(a) in the case of fruit, forest and ornamental trees and their root-stocks and grapevines and their root-stocks, during the period of six years ending with the date of the application;

(b) in any other case, during the period of four years ending with that date.]

(3) Sub-paragraphs (1) and (2) of this paragraph shall not apply—

(a) to an offer for sale of a stock of material of any plant variety in connection with an offer for sale of the title to apply for the grant of plant breeders’ rights in respect of that plant variety, or

(b) to any sale of material of any plant variety if at the time of the sale or subsequently the purchaser becomes the person entitled to make an application for the grant of plant breeders’ rights in respect of that plant variety.

(4) Where an applicant makes, or proposes to make, arrangements under which some other person uses reproductive material of the plant variety under the control of the applicant for the purpose of increasing the applicant’s stock, or of carrying out tests or trials, and under which the whole of the material produced, directly or indirectly, from that reproductive material, and any unused reproductive material, becomes or remains the property of the applicant, the said sub-paragraphs (1) and (2) shall not apply—

(a) to a sale or offer [F3 or exposure] for sale of the reproductive material by the applicant to any such other person as part of such arrangements, or

(b) to a sale by the other person to the applicant of the material produced, directly or indirectly, from that reproductive material.

(5) The said sub-paragraphs (1) and (2) shall not apply to an offer [F3 or exposure] or sale or sale of material, not being reproductive material . . . F4 , produced in the course of—

(a) the breeding of the plant variety, or

(b) increasing the applicant’s stock of material of the plant variety, or carrying out tests or trials of the plant variety, . . . F4

Textual Amendments

F1 Words inserted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 9(2)

F2 Proviso substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1. para. 9(3)

F3 Words inserted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 9(4)

F4 Words repealed by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), Sch. 8

3 (1) Where an application in the form prescribed for the purposes of this Schedule by regulations under section 9 of this Act is made at a time not later than 11th May 1965, and the applicant does not ask for a protective direction, sub-paragraphs (1) and (2) of the last foregoing paragraph shall not apply to any offer for sale or sale in the period beginning with 12th November 1963 and ending with that time if the Controller is satisfied that the applicant took all steps reasonably open to him to ensure that any person to whom material of the plant variety has been offered or sold during the said period has been informed in writing that an application for a grant of plant breeders’ rights may be made in respect of the variety.

(2) Where an application is allowed by virtue of this paragraph, section 7(2) of this Act shall not apply to any compulsory licence granted as respects the plant variety to which the application relates.