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S.I. No. 393/1994:
PLANT VARIETIES
(PROPRIETARY RIGHTS) (AMENDMENT) REGULATIONS, 1994.
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PLANT VARIETIES (PROPRIETARY RIGHTS) (AMENDMENT) REGULATIONS, 1994.
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I, JOE WALSH, Minister for Agriculture, Food and Forestry, 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), as adapted by the
Agriculture and Food (Alteration of Name of Department and Title of Minister)
Order, 1987), and after compliance with subsection (2) of the said section
26, hereby make the following Regulations:
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1. These Regulations may be cited as the Plant Varieties (Proprietary
Rights) (Amendment) Regulations, 1994.
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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 of the genera and species mentioned in column (2) of the
Schedule to these Regulations at any reference number is hereby specified for
the purposes of section 4 of the Act.
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(2) The maximum period for which plant breeders' rights are exercisable in
respect of a plant variety which is of a genus or species mentioned in column
(2) of the said Schedule at any reference number shall be the period of 20
years mentioned in column (3) of that Schedule.
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(3) The period of 4 years is hereby prescribed for the purposes of
paragraph 2 (d) (ii) of the First Schedule to the Act in respect of a
plant variety of a genus or species mentioned in the said Schedule.
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4. Each of the genera and species mentioned in column (2) of the said
Schedule at any reference number is hereby prescribed for the purposes of
section 12 (5) (b) (i) of the Act.
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SCHEDULE
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(1)
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(2)
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(3)
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Reference Number
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Genera or Species
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Period of years
for which rights are exercisable
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Botanical Name
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Common Name
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1
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Helianthus tuberosus L.
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Jerusalem artichoke
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20
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2
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Spartium Junceum
L.
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Spanish broom
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20
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3
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Cupressus
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Cypress
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20
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4
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Abelia R.Br.
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�
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20
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5
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Jasminum officinale
L.
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Common jasmine
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20
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6
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Hypericum L.
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�
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20
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7
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Pelargonium L'Herit.
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Geranium
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20
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8
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Tagetes
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Marigold
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20
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GIVEN under my
Official Seal, this 29th day of November, 1994.
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JOE WALSH,
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Minister for Agriculture, Food and
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Forestry.
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EXPLANATORY NOTE.
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These Regulations, amend existing Regulations by
extending protection to an additional eight genera/species.
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