any propagating material of a newvariety referred to in section 2 or to encourage the use thereof or to
draw attention to the nature, properties, advantages or uses thereof or to the manner in which or the
conditions on which it may be purchased or otherwise be acquired;";
(b) by the substitution for the definition of "breeder" of the following definition:
II

'breeder' in relation to a newvariety referred to in section 2, means the person who directed the

breeding ofthe new variety, or who developed or discovered it(a) the person who bred, or discovered and developed, the variety;

(b) the employer ofthe person referred to in paragraph (a), ifthat person is an employee whose
duties are such that the variety vms bred, or discovered and developed, in the performance ofsuch
duties; or
(c)the successor in title ofthe person referred to in paragraph (a) or the employer referred to in
paragraph (b);";

(c) by the substitution for the definition of "denomination" of the following definition:
" 'denomination', in relation to a new variety in respect of which a plant breeder's right has been
granted, means the generic name for the new variety;";
(d) by the insertion after the definition of "department" of the following definition:
" 'essential characteristics' means the essential characteristics ofa variety ofa plant as expressed by
means ofa test or trial or any other acknowledged means ofdetermining the characteristics ofa
variety ofa plant;";

(e) by the deletion of the definition of "new variety";
(f) by the substitution for the definition of "plant" of the following definition:
" 'plant' includes any part ofa plant;";

(g) by the substitution for the definition of "propagating material" of the following definition:
" 'propagating material' means any reproductive and vegetative propagating material as such, of a
variety ofa plant that can be usedfor the propagation of[[ plant;";

(h) by the insertion after the definition of "propagating material" of the following definition:
" 'protected variety' means a variety ofa plant in respect ofwhich a plant breeder's right has been
granted;"; and

(i) by the substitution for the definition of "variety" of the following definition:

" 'variety' means any cultivar, clone, breeding line or hybrid of a kind ofplant which call be
cultivated any plant grouping within a single botanical taxon of the lowest known classification,

2

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