Plant Varieties Act 1983

1 Period for which plant breeders' rights are exercisable

(1) In section 3 (period for which rights are exercisable) of the [1964 c. 14.] Plant Varieties and Seeds Act 1964 (in this Act referred to as " the 1964 Act ") there shall be substituted—

(a) in subsection (1) for the words " 25 years " the words " 30 years ";

(b) in subsection (2) for the words " 18 years" the words " 25 years " ; and

(c) in subsection (3) for the words " 15 years " the words "20 years".

(2) In subsection (2) of that section for the words " fruit trees and their root-stocks, forest and ornamental trees and grapevines " there shall be substituted the words " fruit, forest and ornamental trees and their root-stocks and grapevines and their root-stocks " .

(3) Subsections (5) and (8) of that section and, in subsection (9) of that section, the words " or subsection (8) " shall cease to have effect

(4) Every scheme made under Part I of the 1964 Act before the commencement of this Act shall be amended as follows—

(a) for any period of 25 years prescribed by the scheme there shall be substituted a period of 30 years;

(b) for any period of 20 years so prescribed there shall be substituted a period of 25 years ; and

(c) for any period of 15 or 18 years so prescribed there shall be substituted a period of 20 years ;

and the period for which any plant breeders' rights subsisting at the commencement of this Act are exercisable shall be extended by so much (if any) as may be necessary to bring it into conformity with the relevant scheme as so amended.

(5) Nothing in this Act shall affect the operation of subsections (5), (8) and (9) of section 3 of the 1964 Act in relation to applications made, or extensions granted on applications made, before the commencement of this Act.