which grouping, irrespective ofwhether or not the conditions for the grant oj a plant breeder's right
are fully met, can be(a) defined by the expression ofthe characteristics resulting from a given genotype or combination of
genotypes;
(b) distinguished from any other plant grouping by the expression ojat least one ofthe said
characteristics; and
(c) considered as a unit with regard to its suitability for being propagated unchanged.".
Substitution of section 2 of Act 15 of 1976, as amended by section 2 of Act 5 of 1980
2.The following section is hereby substituted for section 2 of the principal Act:
"Application of Act
2. (1) This Act shall apply in relation to every variety ojany prescribed kind ofplanl if it is new,
distinct, uniform and stable.
(2) A variety referred 10 in subsection (1) shall be deemed to be(a) new ifpropagating material or harvesled material thereofhas not been sold or otherwise
disposed ofby, or with the consenl of. the breeder for purposes ojexploitation ofthe variety(i) in the Republic, not more than one year; and
(ii) in a convention country or an agreement country, in the case of
(aa) varieties ofvines and trees, not more than six years: or
(bb) other varieties, not more than four years, prior to the date oJfiling ofthe applicationfor a plant
breeder's right:
(b) distinct if, (It the date offiling ofthe application for a plant breeder's right, it is clearly
distinguishable from any other variety ofthe same kind ojplant ojwhich the existence on that dale is
a mailer ofcommon knowledge,'
(c) uniform if, subject to the variation that may be expectedfrom the particularfeatures ofthe
propagation thereof. it is sufficiently uniform with regard 10 the characteristics ofthe variety in
question,'
(d) stable if the characteristics thereof remain unchanged after repeated propagation or, in the case
oja particular cycle ojpropagation, at the end of each such cycle.
(3) If the application ofthis Act is extended to a kind ofplant to which this Act, or any law repealed
by it, did not previously apply, the registrar may deem a variety ofsuch a kind ofplant which existed
at the time ofthe extension to be newfor the purposes 0.(subsection (2)(a), notwithstanding the fact
that propagating material or harvested material thereofwas sold or disposed ofprior to the periods
3