Registered Plant Breeders' Rights (Prescribed Classes of Varieties) (Bailiwick of Guernsey) Regulations, 2015 (G.S.I. No. 85 of 2015)

GREFFE RO AL COURT 2 2 0CT 2015 L. GUERNSEY GUERNSEY STATUTORY INSTRUMENT zoisuo.3S The Registered Plant Breeders' Rights (Prescribed Classes of Varieties) (Bailiwick of Guernsey) Regulations, 2015 Made Coming into operation Laid before the States 22ndOctober, 2015 23rd October, 2015 , 2015 THE COMMERCE AND EMPLOYMENT DEPARTMENT, in exercise of the powers conferred on it by sections 28 and 43 of the Registered Plant Breeders' Rights (Bailiwick of Guernsey) Ordinance, 2007a and all other powers enabling it in that behalf, hereby makes the following Regulations: Prescribed classes. 1. The reference in section 28(l) of the Ordinance to plant varieties being within the same class is a reference to them being in the same class being either (a) a class consisting of all plant varieties of the species or groups prescribed by any one scheme under section .. b 5(7) of the Plant Varieties and Seeds Act 1964 , or (b) any other class of plant varieties prescribed by any such scheme, a Ordinance No. IV of 2005; as amended by Order in Council No. XIV of 2012. b An Act of Parliament (1964 c. 14) (repealed, but the schemes made thereunder continue to have effect for the purposes of section 5(7)). 1 and any other class from time to time prescribed by regulations made under section 18 of the Plant Varieties Act 1 997c. Interpretation., 2. (l) In these Regulations, unless the context requires otherwise "enactment" means any Law, Ordinance or subordinate legislation and includes (without limitation) an enactment of the Parliament of the United Kingdom, "the Ordinance" means the Registered Plant Breeders' Rights (Bailiwick of Guernsey) Ordinance, 2007, "subordinate legislation" means any regulation, rule, order, rule of court, resolution, scheme, byelaw or other instrument made under any enactment and having legislative effect, and other expressions have the same meanings as in the Intellectual Property (Enabling Provisions) (Bailiwick of Guernsey) Law, 2004 and in the Ordinance. (2) The Interpretation (Guernsey) Law, 1948e applies to the interpretation of these Regulations. (3) Any reference in these Regulations to an enactment is a reference thereto as from time to time amended, re-enacted (with or without modification), extended or applied. Citation and commencement. 3. These Regulations may be cited as the Registered Plant Breeders' Rights (Prescribed Classes of Varieties) (Bailiwick of Guernsey) Regulations, 2015 and shall come into force on the 23rd October, 2015. c d An Act of Parliament (1997 c. 66) Order in Council No. XIV of 2004; as amended by Ordinance No. XXXIII of 2003 and No. XX of 2015. e Ordres ell Conseil Vol. XIII, p. 355.ipa 2 Dated this 22nd day of gQober, 2015 p"', y /. DEPUTY A.H. BROUARD De4ty Minister of the States Commerce and Employment Department For and on behalf of the Department EXPLANATORY NOTE (This note is not part of the Regulations) Section 28 of the Registered Plant Breeders' Rights (Bailiwick of Guernsey) Ordinance, 2007 prohibits the improper use of a registered name including the use of such a name in connection with a different variety of the same class. These Regulations prescribe the classes of plant varieties for this purpose. These Regulations come into force on the 23rd day of October, 2015. 3