Plant Breeder s Rights
[No. IS of 2007
253
20. (I) An applicant may withdraw an application at any time. Withdrawal
(2) The Registrar shall, where an application is withdrawn after of
application
its publication in the Gazette, but before the grant of any breeder's
rights, publish the withdrawal.
21. (1) Where an application for the grant of a plant breeder's Publication
right is accepted, the Registrar shall, within fourteen days from the of notice
date oflhe application, publish in the Gazette a notice calling for
any objection from the members of the public.
(2) The publication under subsection (I) shall give a detailed
description of the plant variety to which the application relates.
(3) The detailed description referred to under subsection (2)
shall contain(aJ particulars ofthe characteristics that distinguish the variety
from other plant varieties the existence of which is a
matter of common knowledge;
(b) particUlars of(i) any test growing carried out to establish that the
variety is distinct, uniform and stable; and
(ii) any test growing carried out as required for
essential derivation;
(c) if the variety was bred outside Zambia, particulars of any
test growing outside Zambia that establish that the
variety will, if grown in Zambia, be distinct, uniform and
stable; and
(d) a certificate in the prescribed form verifying the particulars
of the detailed description, completed by the applicant.
22. (I) Any person may, within sixty days from the date of Objection to
publication ofthe notice referred to under section twenry-one, object, application
in writing, to the application for a plant breeder's rights on any of for plant
breeder's
the following grounds:
right
(a) that the person's commercial interest would be negatively
affected by the grant of the rights to the applicant;
(b) that the person objecting to the application is entitled to
the plant breeder's rights as against the applicant;
(c) that the variety does not meet the requirements for granting
a plant breeder's rights; or
(d) that the grant of the right would negatively impact on the
public interest.