SCHEDULES

Section 4.

SCHEDULE 3 U.K. Plant Breeders’ Rights in Special Cases

Modifications etc. (not altering text)

C1 Sch. 3 extended (N.I.) by S.I. 1964/1574, art. 1, Sch.

Sale of cut blooms, fruit, etc. U.K.

1 [F1 (1) If it appears to the Ministers that, in the case of any species or group of plant varieties, plant breeders will not receive adequate remuneration unless there is made such provision as is authorised by this paragraph, and that such provision will be of substantial benefit to plant breeders, they may by a scheme under Part I of this Act provide that, as respects any plant variety of the species or group prescribed by the scheme, plant breeders’ rights shall include the exclusive right to do, and to authorise others to do, as follows—

(a) to produce or propagate the variety in Great Britain for the purpose of selling such parts or products of the variety as may be prescribed by the scheme; and

(b) to sell or offer or expose for sale in Great Britain, so far as they are obtained from plants produced or propagated outside Great Britain, such parts or products of the variety as may be so prescribed.]

(3) References in this paragraph to parts or products of a plant variety include references to whole plants of that plant variety.

Textual Amendments

F1 Sch. 3 para. 1(1) substituted for subparas. (1)(2) by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 2

Use of reproductive material for production of certain other plant varieties U.K.

2 Plant breeders’ rights shall include the exclusive right to do, and to authorise others to do, as follows, that is to use the reproductive material of the plant variety to which the rights relate for the purpose of producing, in order to sell it, the reproductive material of another plant variety if (but only if) the nature of that other variety is such that repeated production of the reproductive material of that other variety is not possible without the repeated use of reproductive material of the plant variety to which the rights relate.