Plant Breeder's Rights
(3)
[ No. 18 of2007
249
Restrictions may be imposed where-
(a) problems with competitive practices of a rights holder are
identified;
(b) food security or public nutritional or health needs are
adversely affected;
(c) a high proportion of the plant variety offered for sale is
being imported;
(d) the requirements of the farming community for propagating
material of a particular variety are not met; and
(e) where it is c.onsidered important to promote the public interest
for socio-economic reasons and for developing indigenous
and other technologies.
(4) The Institute shall, where restrictions are imposed on a plant
breeder's rights within fourteen days thereof-
(a)
give the grantee a copy of the instrument
setting out the conditions of the restriction
and the reasons therefor;
(b)
(c)
give a public notice to that effect; and
specify the compensation to be awarded to
the holder of the affected rights.
(5) Any rights holder affected by any restriction under
subsection (1) or (2) may appeal against the decision to the Appeals
Board.
(6) The Institute may convert any exclusive plant breeder's
rights granted under this Act to non-exclusive plant breeder's rights.
13. (1) A plant breeder's right does not extend to any act
concerning the propagation of material of any protected variety, or
of a variety covered under sub-section (2), which bas been sold or
otherwise marketed by the breeder or with the breeder's consent in
Zambia, or any material derived from the propagating material, unless
the act(a) involves a further propagation of the variety in question; or
(b) involves an exportation of the material of any variety which
enables the propagation of the variety into any country
which does not protect variety of any plant genera or
species to which the variety belongs, except where the
exported material is for consumption purposes.
(2) For purposes of sub-section (1), "materiaI " means, in relation
to a variety-
Exhaustion
of plant
breeder's
right