Title and commencement

1. This Scheme may be cited as the Plant Breeders' Rights (Trees, Shrubs and Woody Climbers) (Variation) Scheme 1990 and shall come into force on 28th August 1990.

Variation of the principal Scheme

2. The Schedule to the Plant Breeders' Rights (Trees, Shrubs and Woody Climbers) Scheme 1969(4) (which specifies the genera or species of trees, shrubs and woody climbers of which varieties may be the subject of plant breeders' rights), is hereby varied by substituting for the items relating to the genera Cornus alba L., Cornus controversa Hemsl., Cornus florida L., Cornus kousa (Buerger ex Miq.) Hance, Cornus mas L. and Cornus nuttallii Audubon set out in columns 1 to 5 inclusive the following item -

Explanatory Note

(This note is not part of the Scheme)

This Scheme varies the Plant Breeders' Rights (Trees, Shrubs and Woody Climbers) Scheme 1969 by extending (in paragraph 2) the schedule of genera and species of which plant varieties may be the subject of plant breeders' rights under Part I of the Plant Varieties and Seeds Act 1964 to cover all species of the genus Cornus L., thirty years being prescribed as the period during which the rights may be exercised. During that period infringements of the rights in the registered name of a variety of Cornus L. may be the subject of legal proceedings when committed in connection with any variety of Cornus.

This Scheme also provides (in paragraph 2) that a compulsory licence granted by the Controller of Plant Variety Rights in respect of a variety of Cornus shall not have effect during the period of five years from the date of the grant of rights in that variety.

Plant breeders' rights in respect of varieties of Cornus are not extended to the production or propagation of the varieties for the purpose of selling cut blooms, foliage or stems thereof.