Plant Breeder s Rights
[No.180f2007
(i) in Zambia, for more than one year;
(ii) outside Zambia, for more than six years in the
case of any tree or vine; or
(iii) outside Zambia, for more than four years in the
case of other varieties;
before the date of filing an application for the registration of
a plant breeder's right;
(b) distinct, if it is clearly distinguishable by at least one
essential characteristic from any other variety whose
existence is a matter of common knowledge at the time
of the application;
(cj uniform, if subject to the variation that may be expected
from the particular features of its propagation, the variety
is uniform in its relevant characteristics on propagation;
and
(dj stable, if a variety's relevant characteristics remain
unchanged after repeated propagation or, in the case of
a particular cycle of propagation, at the end of each
such cycle.
(3) The disposal of a propagating or harvested material of a
variety referred to in paragraph (a) of subsection (2)(aj to a person fOT statutory purposes, or on the basis of a
contractual or other legal relationship solely for
production, reproduction, active multiplication,
conditioning or storage shall not be considered to be a
disposal within the meaning of subsection (2):
Provided that the breeder reserves the exclusive
right to dispose ofthematerial, and no further disposal
is made;
(b) shall be deemed to be a disposal ifthe material is repeatedly
used in the reproduction of a hyhrid variety or there is a
disposal of propagating or harvested material of the
hybrid; and
(c) shall not be deemed to be an exploitation of the variety
unless reference is made to the variety for purposes of
the disposal, where the variety has been produced from
plants grown for the purposes of testing or trials or which
is a surplus to the plant breeder's requirements and is
not used for further reproduction or multiplication.
(7) No variety of any genera or species which involves any
technology that is injurious to the life or the health ofhurnan beings,
animals or plants shall be registered under this Act.
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