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S.I. No. 31/1991:
PLANT VARIETIES (PROPRIETARY RIGHTS) (AMENDMENT) REGULATIONS, 1991
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PLANT VARIETIES (PROPRIETARY RIGHTS) (AMENDMENT) REGULATIONS, 1991
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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), as adapted by the Agriculture (Alteration of Name of Department and Title of Minister) Order, 1987 ( S.I. No. 97 of 1987 ), and after compliance with subsection (2) of the said section 26, hereby make the following Regulations:
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1. (1) These Regulations may be cited as the Plant Varieties (Proprietary Rights) (Amendment) Regulations, 1991.
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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 species specified in the Schedule to these Regulations is hereby specified for the purposes of section 4 of the Act.
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(2) The period of 20 years is hereby prescribed as the maximum period for the purposes of subsection (12) (b) of the said section 4 in respect of a plant variety which is of a species specified in the said Schedule.
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(3) The period of 4 years is hereby prescribed in respect of a plant variety of a species specified in the said Schedule for the purposes of paragraph 2 (d) (ii) of the First Schedule to the Act.
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4. Each of the species specified in the said Schedule is hereby prescribed for the purposes of section 12 (5) (b) (i) of the Act.
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SCHEDULE
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Species
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Name
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Common Name
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Malus Mill
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Apple
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Rosa L.
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Rose
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Fragaria L.
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Strawberry
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Betula L.
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Birch
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GIVEN under my Official Seal this 21st day of February, 1991.
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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 breeders' rights may be granted to include the species Malus Mill, Rosa L., Fragaria L. and Betula L.
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