Seeds and Plant Varieties (Plant Breeder’s Rights) (Ornamental and Herbaceous Plants Scheme) Regulations, 2001 (Cap. 326).

These Regulations provide for an Ornamental and Herbaceous Plants Scheme, which shall apply to all plant varieties of ornamental and herbaceous perennial plants which conform with the characteristics of cultivated plant varieties of any of the species specified in the Schedule to these Regulations. The Schedule also specifies the period for which plant breeder’s rights shall be exercisable in respect of any of the listed plant varieties and the periods prescribed for the purposes of section 23(4) of the Seeds and Plant Varieties Act 1972. Section 23(4) allows a scheme to prescribe a period or periods for any species or group, or different species or groups, of plant varieties and a compulsory licence in respect of such plant varieties shall not have effect during the specified period commencing on the date upon which the plant breeder’s rights concerned were granted. Plant breeder’s rights exercisable in respect of any of the plant varieties referred to in these Regulations shall, where the word “included” appears in the fourth column of the Schedule, include the exclusive right to propagate and to authorize others to propagate that plant variety for the purpose of selling cut blooms, foliage or stems thereof. A person who infringes the plant breeder’s rights in the registered name of a variety of ornamental covered by the Ornamental and Herbaceous Plants Scheme commits an offence.