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The Plant Breeders' Rights Regulations 1998

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Revocation, savings and supplemental provision about namesU.K.

21.—(1) Subject to paragraph (3), the Regulations mentioned in Schedule 2 are hereby revoked to the extent specified in the third column of that Schedule.

(2) Subject to paragraph (3), the Schemes(1) made under section 1 of the Plant Varieties and Seeds Act 1964(2) are hereby revoked save insofar as they prescribe classes of plant variety for the purpose of section 5(7) of that Act (which enables classes of plant varieties to be prescribed in connection with the use of names likely to deceive or cause confusion).

(3) The Regulations mentioned in Schedule 2 and the Schemes made under section 1 of the Plant Varieties and Seeds Act 1964 are saved in their application to the Isle of Man.

(4) Regulation 18 of the Plant Breeders' Rights Regulations 1978(3) is saved subject to the following amendments—

(a)in paragraph (1), after the word “propose” there shall be substituted the words “in writing”;

(b)paragraph (4) shall be omitted; and

(c)paragraph (7) shall be omitted.

(5) Regulation 3 of the Plant Breeders' Rights Regulations 1978 is saved in its application to regulation 18 of those Regulations.

(6) In sections 19 and 20, references to names registered under section 18 shall include names registered pursuant to regulation 18 of the Plant Breeders' Rights Regulations 1978 as saved by paragraphs (4) and (5).

Commencement Information

I1Reg. 21 in force at 8.5.1998, see reg. 1

(1)

A substantial number of Schemes have been made and it is not appropriate to list them.

(3)

S.I. 1978/294, to which there are amendments not relevant to these Regulations.

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