242
[No. 18 of 2007
Plant Breeder s Rights
" denomination ., means the name of a variety in relation to
an approved variety;
" derivative" means a product developed or extracted from a
plant genetic resource;
" essential characteristics" in relation to a plant variety, means
heritable traits that are determined by the expression of
one or more genes, or other heritable determinants, that
contribute to the principal feature, performance or value
of the variety;
" fanner" means(a) any person who cultivates crops for subsistence or
commercial purposes, directly or through another
person; or
(b) any person who conserves or reserves, severally
or jointly with any person, any wild species or
traditional variety or adds value to any wild species
or traditional variety through the selection or
identification of their useful properties;
" genera" means any small group of plants which have in
common many fundamental features;
" genetic material" means any material of plant, animal,
microbial or other origin containing functional units of
heredity;
" genetic resource" means any genetic material of actual or
potential value;
" genotype" means the combination of genes that a plant
possesses;
" grantee" in relation to a plant breeder's right in a
variety means-
plant
(a) the person currently entered on the Register as the
holder of the right in the variety; and
(b) where the plant variety is declared to be an
essentially derived variety of another plant variety, the
person currently on the Register as the holder of the right
in relation to that other variety;
" holder" in relation to a plant breeder's right means a person to
whom a right has been granted in terms of section thirty;
" Institute" means the Seed Control and Certification Institute;
"kind" in relation to a plant, means a related species, sub-species
or variety of any plant which is known by a common name;
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