Plant Breeders' Rights (Farm Saved Seed) (Specification of Species and Groups) Order 1998 (S.I. No. 1025 of 1998).

Subject

Cultivated plants

Keyword

Plant production Plant variety Intellectual property rights/patents Planting material/seeds

Geographical area

Atlantic Ocean Islands, Europe, Europe and Central Asia, North Atlantic, North Sea, North-East Atlantic, Northern Europe

Entry into force notes

Entry into force on 8 May 1998.

Abstract

The Order specifies species and groups for the purposes of section 9(2) of the Plant Varieties Act 1997 (article 2 and the Schedule). Section 9(1) of the Act, which sets out the arrangements relating to farm saved seed, only applies to species and groups which have been specified for the purposes of section 9(2). Section 9 provides that plant breeders' rights shall not extend to the use by a farmer for propagating purposes in the field, on his own holding, of the product of the harvest which he has obtained by planting on his own holding propagating material of- (a) the protected variety, or (b) a variety which is essentially derived from the protected variety. (2) This rule applies if the material is of a variety which is of a species or group specified for the purposes of this subsection by order made by the Ministers.

Full text

English

Website

www.opsi.gov.uk

References - Legislation

Implements

Plant Varieties Act 1997.

Legislation | United Kingdom | 1997 (2022)

Keyword: Basic legislation, Plant production, Breeders' rights/farmers' rights, Plant variety, Authorization/permit, Registration, Court/tribunal, Smallholders/peasants, Intellectual property rights/patents

Source: FAO, FAOLEX