248
[No. 18 of 2007
Plant Breeder s Rights
(i) setting out particulars of the information given by
the claimant;
Duration of
plant
breeder's
rights
Restrictions
to plant
breeder's
rights
(ii) telling the claimant that the Registrar is not
satisfied; and
(iii) setting out the groWlds on which the Registrar is
not satisfied.
(6) A person who infonns the Registrar in accordance with
subsection (2) that a plant breeder's rights have been assigned or
transmitted to that person, shan give written notice to the Registrar
of an address in Zambia for the service of any documents.
(7) Where the Registrar enters the name of the grantee on the
Register in accordance with subsection (I) and the address is
different from the address entered in the Register, the Registrar
shall amend the Register so that the address so given is entered in
the Register as the address for the service of any documents on
the grantee for purposes of this Act.
(8) Where the Registrar is not satisfied that the rights have
been assigned or transmitted to another person, the notice to the
person under paragraph (aJ of subsection (5) shall be given by
post.
11, (I) A plant breeder's rights in respect of a plant variety
shall exist for a period of twenty years in the case of any annual
crop and twenty five years in the case of any tree and any other
perennial commencing on the date on which the successful
application for a plantbreeder's rights in respect of the plant variety
is granted in accordance with this Act.
(2) Any plant breeder's right in a plant variety that is a
dependant plant variety of another plant variety commences on(a) the day that the grant of a right in the other plant variety
is made; or
(b) the day that dependant variety comes into existence
whichever occurs last, and ends when a plant breeder's
right in the other variety ceases.
12. (I) The Institute may, where it considers it necessary in
the public interest, subject a plant breeder's rights in respect of a
new variety to conditions restricting the realisation of the rights.
(2) A plant breeder's rights on a new variety may be subject
to restriction with the objective of protecting food security, health,
biolOgical diversity and any other requirement of the farming
commWlity for propagating material of a particular variety.