256
[ No. 18 of 2007
s
Plant Breeder Rights
(aj statistically valid. multi-Iocational, variety trials carried out
in the country for at least three growing seasons
demonstrate that the variety has the specific
characteristic as claimed by the applicant; or
(bj an exceptional crisis in food production so requires and
Provisional
protection
Registrable
plant varieties
the Institute is satisfied that(i) statistically valid trials on the variety carried out
outside the country demonstrate that the variety
has that specified characteristic; and
(it) the natural environment outside the country under
which the statistically valid trials were carried
out is similar to the environment in Zambia.
28. (1) The Institute shall grant provisional protection to a
plant breeder's variety from the date of acceptance of an
application, to the date of grant or rejection of the application
whichever occurs first.
(2) The Institute may notify an applicant, in writing, that this
section shall cease to apply to a variety in respect of which an
application is made on the date specified in the notice where(aj the plant breeders rights will not be granted or are not
likely to be granted to the applicant giving reasons
therefor:
(b) the Institute has, in the public interest, taken a decision
not to proceed with the application: or
(c) the application has been withdrawn.
(3) The Institute shall, within fourteen days from the date that
any person ceases to hold any provisional protection under this
section, give public notice of the fact.
29. (I) A plant breeder's rights shall be granted in respect of
any variety which is(aj new;
(b) distinct;
(cj uniform; and
(dj stable.
(2)
For purposes of subsection (I), a plant variety is(aj new, if at the date of the filing of an application for the
registration of the right in the variety, the propagating or
harvested material of the variety has not been sold or
otherwise disposed of, to another person by or with the
consent of its breeder, or the breeder's assignee for
purposes of the exploitation of the variety-