Plant Variety and Seeds Act 1964 (Chapter 14).
Type of law
Legislation
Date of original text
Abstract
The 41 sections of the Act are divided into 4 Parts: Plant Breeders' rights (I); Seeds and Seed Potatoes (II); Control of Imports and prevention of cross-pollination (III); General (IV). No definition as such of plant breeders' rights is given in the Act. Plant breeders' rights however may be granted by the Controller of the Plant Variety Rights Office to an applicant in accordance with conditions as set out in section 2 (sect. 1). The applicant must be a person who bred or discovered the variety, or his successor in title. The rules of Part II of Schedule 2 of this Act shall have effect as respects priorities between two or more persons who have independently bred or discovered a variety. The variety must be conform to the rules in Part III of Schedule 2 of this Act (sect. 2). A Scheme under the Act shall prescribe the period for which plant breeders' rights are exercisable. This period may however not exceed 25 years (sect. 3). Section 4 outlines the nature of plant breeders' rights. Section 5 provides for the naming of rights. There is established a Plant Variety Rights Tribunal under section 10. A Plant Variety Office is established under section 11. The Act also concerns measures to prevent injurious cross-pollination affecting crops of seeds.
Attached files
Web site
Long title of text
An Act to provide for the granting of proprietary rights to persons who breed or discover plant varieties and for the issue of compulsory licences in respect thereof; to establish a tribunal to hear appeals and other proceedings relating to rights, and to exclude certain agreements relating to rights from Part I of the Restrictive Trade Practices Act, 1956; to confer power to regulate, and to amend in other respects the law relating to, transactions in seeds and seed potatoes, including provision for testing of seeds and seed potatoes, the establishment of an index of names of varieties and the imposition of restrictions as respects the introduction of new varieties; to control the import of seeds and seed potatoes, to authorise measures to prevent injurious cross-pollination; and for connected purposes.
Date of consolidation/reprint
Notes
Last modification has been made by The Forestry and Land Management (Scotland) Act 2018 (Consequential Amendments) Regulations 2019 (S.S.I. 2019/125). Plant Varieties and Seeds Act 1964 is up to date with all changes known to be in force on or before 25 May 2020.
Repealed
No
Source language
English
Legislation status
in force
Legislation Amendment
No
Amended by
Implemented by