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House of Commons		 Session 1997-98
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Plant Varieties Bill

This is the text of the Plant Varieties Bill, as presented to the House of Commons on 13 June 1997.


 
EXPLANATORY AND FINANCIAL MEMORANDUM

 
 
  
Plant Varieties Bill
 
 
ARRANGEMENT OF CLAUSES

PART I
PLANT VARIETIES
Preliminary
Clause 
1.Plant breeders' rights.
2.The Plant Variety Rights Office.

Grant of plant breeders' rights
3.Grant on application.
4.Conditions for the grant of rights.
5.Rights in relation to application period.

Scope of plant breeders' rights
6.Protected variety.
7.Dependent varieties.

Exceptions
8.General exceptions.
9.Farm saved seed.
10.Exhaustion of rights.

Duration and transmission of plant breeders' rights
11.Duration.
12.Transmission.

Remedies for infringement
13.Remedies for infringement.

Duties of holder of plant breeders' rights
14.Maintenance of protected variety.
15.Compulsory licences.

Naming of protected varieties
16.Selection and registration of names.
17.Duty to use registered name.
18.Improper use of registered name.

Termination and suspension of plant breeders' rights
19.Nullity.
20.Cancellation.
21.Suspension.

Proceedings before the Controller
22.Right to be heard: general.
23.Right to be heard: applications for compulsory licences.
24.Appeals to the Tribunal.

Discharge of the Controller's functions
25.Ministerial guidance.
26.Regulations.
27.Fees.
28.Use of outsiders.

False information and representations as to rights
29.False information.
30.False representations as to rights.

Miscellaneous
31.Exclusion from Restrictive Trade Practices Act 1976.
32.Reference collections of plant material.

General
33.Offences by bodies corporate, etc.
34.Jurisdiction in relation to offences.
35.Interpretation of Part I.
36.Application of Part I to the Crown.
37.Application of Part I to existing rights.

Transition
38.Varieties of recent creation.

PART II
THE PLANT VARIETIES AND SEEDS TRIBUNAL
39.The Tribunal.
40.Jurisdiction under arbitration agreements.
41.Statutory jurisdiction: regulations.
42.Appeals from the Tribunal.
43.Interpretation of Part II.

PART III
MISCELLANEOUS AND GENERAL
Miscellaneous
44.Extension of time limit for institution of proceedings for contravention of seeds regulations.

General
45.Regulations and orders.
46.General interpretation.
47.Receipts.
48.Consequential amendments.
49.Repeals.
50.Extent.
51.Short title and commencement.
 

SCHEDULES
    Schedule 1-The Plant Variety Rights Office.
    Schedule 2-Conditions for the grant of plant breeders' rights.
    Part I-Criteria for grant of rights.
    Part II-Priorities between applicants for rights.
    Schedule 3-The Plant Varieties and Seeds Tribunal.
    Schedule 4-Repeals.
 

 
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© Parliamentary copyright 1997
Prepared 12 June 1997