GB076: Plant Variety, Act (Ch. 17), 09/05/1983
Plant Varieties Act 1983
CHAPTER 17
1983 CHAPTER 17
An Act to amend the Plant Varieties and Seeds Act 1964.
[9th May 1983]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
Period for which plant breeders' rights are exercisable. 1964 c. 14.
1.-
(b) in subsection (2) for the words "18 years" the words "25 years"; and
(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".
(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.
Plant breeders' rights in special cases.
2. For subparagraphs (1) and (2) of paragraph 1 of Schedule 3 to the 1964 Act (sale of cut blooms, fruit etc.) there shall be substituted the following sub-paragraph-
"1.-
(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."
Compulsory licences.
3.-
(a) that the plant variety is available to the public at reasonable prices, is widely distributed and is maintained in quality;
(b) that there is reasonable remuneration for the holder of the plant breeders' rights; and
(c) where there is a market for the export of the plant variety, that the market is supplied from the production of the variety in Great Britain."
"(a) the holder of the plant breeders' rights to which an application under subsection (1) of this section relates-
(i) is or includes, or is represented by, a society or other organisation which has as its main object, or one of its main objects, the negotiation or granting of licences to exercise plant breeders' rights, either as the holder of the rights or as agent for holders, or
(ii) is or includes a company any shares of which are held by or on behalf of the Ministers, and".
Other amendments of the 1964 Act.
4. The 1964 Act shall have effect subject to the further amendments set out in Schedule 1 to this Act, being miscellaneous minor amendments.
Application of Act outside Great Britain.
5.-
(2) Section 40 of the 1964 Act (extension of that Act to the Isle of Man and Channel Islands) shall have effect as if the provisions of this Act were provisions of that Act.
Short title, repeals and commencement.
6.-
(1) This Act may be cited as the Plant Varieties Act 1983.
(2) The enactments mentioned in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(3) This Act shall come into force at the expiry of the period of two months beginning with the day on which it is passed.
SCHEDULES
SCHEDULE 1
Amendments of the 1964 Act
1.-
(2) In subsection (2) of that section after the word "sale" there shall be inserted the words "or offer or exposure for sale" and after the word "sold", in the first place where it occurs, there shall be inserted the words "or offered or exposed for sale".
2.-
(1) In subsection (1) of section 5A of the 1964 Act (requirement to use registered names on sale of reproductive material) after he word "offering" there shall be inserted the words "or exposing".
(2) In subsection (4) of that section the words "in connection with the registered name of a plant variety" shall be omitted and for the words from "other than" onwards there shall be substituted the words "if-
(a) that mark or name and the registered name are juxtaposed; and
(b) the registered name is easily recognisable."
(3) In subsection (5) of that section the words "or to imprisonment for a term not exceeding three months, or to both" shall cease to have effect.
4.-
(2) After that subsection there shall be inserted the following subsection-
"(1A) References in this Part of this Act to offering or for sale plants or material of any description include to publishing, or causing to be published, any advertisement likely to be understood as conveying that the has plants or material of that description in his possession for the purpose of sale."
(vi) in paragraph 9(3) of Schedule 4, after the words 'this Act' there were inserted the words 'or the Seeds Act (Northern Ireland) 1965'".
7. In paragraph 1(3) of Schedule 1 to the 1964 Act (protection of applicant for rights while application is pending) after the word "offer" there shall be inserted the words "or exposure" and the words from "or the exposure" onwards shall cease to have effect.
8.-
(1) In paragraph 1(1) of Part I of Schedule 2 to the 1964 Act (priorities between applicants for rights) after the words "those persons" there shall be inserted the words "(and any successors in title of theirs)" and for the words from "in the form" to "section 9 of" there shall be substituted the word "under".
9.-
the words "characteristics which are capable of precise description".
"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."
(4) In sub-paragraphs (4)(a) and (5) of that paragraph after the word "offer" there shall be inserted the words "or exposure".
Section 6.
SCHEDULE 2
Repeals
The above repeals have effect subject to section 1(5)above.