S.I. No. 199/1990 — Plant Varieties (Proprietary Rights) (Amendment) Regulations, 1990.
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PLANT VARIETIES (PROPRIETARY RIGHTS) (AMENDMENT) REGULATIONS, 1990. |
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PLANT VARIETIES (PROPRIETARY RIGHTS) (AMENDMENT) REGULATIONS, 1990. |
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I, MICHAEL O'KENNEDY, Minister for Agriculture and Food, in exercise of the powers conferred on me by sections 4 , 12 and 26 of the Plant Varieties (Proprietary Rights) Act, 1980 (No. 24 of 1980), hereby make the following Regulations: |
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1. (1) These Regulations may be cited as the Plant Varieties (Proprietary Rights) (Amendment) Regulations, 1990. |
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(2) The Plant Varieties (Proprietary Rights) Regulations, 1981 to 1988, and these Regulations may be cited together as the Plant Varities (Proprietary Rights) Regulations, 1981 to 1990. |
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2. In these Regulations "the Act" means the Plant Varieties (Proprietary Rights) Act, 1980 (No. 24 of 1980). |
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3. (1) Each species specified in the Schedule to these Regulations is hereby specified for the purpose of section 4 of the Act. |
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(2) The maximum period to be specified in a grant of plant breeders' rights as being that in which rights thereby granted are to be exercisable in respect of a plant variety which is of a species specified in the said Schedule shall be a period of 20 years. |
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(3) For the purpose of paragraph (d) (ii) of Article 2 of the First Schedule to the Act, the period of four years is hereby prescribed in relation to every plant variety which is of a species specified in the said Schedule. |
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4. For the purposes of section 12 of the Act two or more plant varieties shall be regarded as being within the same class if they are each a plant variety of the genus Escallonia or the genus Ruscus. |
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SCHEDULE |
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GIVEN under my Official Seal this 6th of July, 1990. |
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MICHAEL O'KENNEDY, |
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Minister for Agriculture and Food. |
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EXPLANATORY NOTE. |
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These Regulations, extend the list of plant species for which plant breeder's rights may be granted to include the species Escallonia laevis and Ruscus aculeatus. |