Statutory Instruments
1990 No. 1593
PLANT BREEDERS' RIGHTS
The Plant Breeders' Rights (Festulolium) Scheme 1990
Made
30th July 1990
Laid before Parliament
7th August 1990
Coming into force
28th August 1990
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales and the Secretary of State for Northern Ireland, acting jointly, as respects the United Kingdom, in exercise of the powers conferred on them by sections 1(1) and (5), 3(1), 5(7), and 38(1) of the Plant Varieties and Seeds Act 1964(1) as extended to Northern Ireland(2) and the said Minister and the Secretary of State, acting jointly, as respects the Isle of Man, in exercise of the said powers as extended to the Isle of Man(3), after consultation in accordance with section 1(5) of the said Act with the Controller of Plant Variety Rights and with representatives of such interests as appear to them to be concerned, and in exercise of all other powers enabling them in that behalf, hereby make the following Scheme:
Title, commencement and interpretation
1.—(1) This Scheme may be cited as the Plant Breeders' Rights (Festulolium) Scheme 1990 and shall come into force on 28th August 1990.
(2) In this Scheme “the Act” means the Plant Varieties and Seeds Act 1964.
Plant varieties for which plant breeders' rights may be granted
2. There are prescribed for the purposes of the grant of plant breeders' rights all plant varieties of Festulolium which conform with the characteristics of cultivated plant varieties of x. Festulolium spp.
Period for which rights are exercisable
3. The period for which plant breeders' rights shall be exercisable in respect of any of the plant varieties referred to in paragraph 2 of this Scheme shall be 25 years.
Class of plant varieties for the purposes of section 5(7) of the Act
4. In relation to x. Festulolium spp. 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) consist of all plant varieties of the species specified in the Schedule to this Scheme.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd July 1990.
L.S.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
23rd July 1990
David Hunt
Secretary of State for Wales
20th July 1990
Peter Brooke
Secretary of State for Northern Ireland
30th July 1990
David Waddington
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
Home Office
27th July 1990
Paragraph 4
SCHEDULESPECIES OF WHICH PLANT VARIETIES ARE PRESCRIBED FOR THE PURPOSES OF SECTION 5(7) OF THE ACT
| Name | Common Name |
|---|---|
| Agrostis canina L. ssp. montana (Hartm.) Hartm. | Brown Bent |
| Agrostis canina L. canina | Velvet bent |
| Agrostis gigantea Roth | Red top |
| Agrostis stolonifera L. | Creeping bent |
| Agrostis capillaris L. | Brown top |
| Alopecurus pratensis L. | Meadow foxtail |
| Arrhenatherum elatius (L.) P. Beauv. ex. J. S. et K. B. Presl. | Tall oatgrass |
| Bromus catharticus Vahl. | Rescue grass |
| Bromus inermis Lesser | Smooth brome, Awnless brome |
| Bromus sitchensis Trin | Alaska brome-grass |
| Cynosurus cristatus L. | Crested dogstail |
| Dactylis glomerata L. | Cocksfoot |
| Festuca arundinacea Schreber | Tall fescue |
| Festuca ovina L. sensu lato | Sheep’s fescue, fine-leaved sheep’s fescue, hard fescue |
| Festuca pratensis | Hudson Meadow fescue |
| Festuca rubra L. | Red fescue, Chewings fescue |
| Lolium multiflorum Lam. | Italian and Westerwolds ryegrass |
| Lolium perenne L. | Perennial ryegrass |
| Lolium x boucheanum Kunth | Hybrid ryegrass |
| Phalaris arundinacea L. | Reed canarygrass |
| Phelum pratense L. and Phelum bertolonii DC. | Timothy |
| Poa annua L. | Annual meadowgrass |
| Poa nemoralis L. | Wood meadowgrass |
| Poa palustris L. | Swamp meadowgrass |
| Poa pratensis L. | Smooth Stalked meadowgrass |
| Poa trivialis L. | Rough Stalked meadowgrass |
| Trisetum flavescens (L.) P. Beauv. | Golden oatgrass, Yellow oatgrass |
| x. Festulolium spp. | Festulolium hybrids |
Explanatory Note
(This note is not part of the Scheme)
This Scheme, made under the Plant Varieties and Seeds Act 1964 prescribes all varieties of Festulolium as varieties in respect of which grants of plant breeders' rights may be made and also prescribes the period of twenty-five years as that during which the rights may be exercised (paragraphs 2 and 3).
The Plant Varieties and Seeds Act 1964, as read with this Scheme, provides that infringements of the rights in the registered name of a variety of Festulolium may be the subject of legal proceedings when committed in connection with a class of that variety which is specified for that purpose in the Schedule to this Scheme (paragraph 4 and Schedule).
1964 c. 14; section 3 was amended by section 1 of the Plant Varieties Act 1983 (c. 17); section 38(1) (as amended by S.I. 1978/272) contains a definition of “the Ministers” relevant to the exercise of the statutory powers under which this Scheme is made.
By section 39(3) of the Plant Varieties and Seeds Act 1964 and by the Plant Varieties and Seeds (Northern Ireland) Order 1964 (S.I. 1964/1574).