4. The Controller of Seeds shall ke~a, and maintain all registers prescribed or required under this Act, each of which shall contam such particulars as are prescribed in respect of such register. ~~~.~ PART III RECOGNITION OF CERTAIN VARIETIES ~'\ 5. Variety List (1) Only varieties that have been approved for release and notified and included in the~ variety list may be sold. (2)(a) The Controller of Seeds shall keep a variety list in which shall be entered the denomination for a variety, the date of recognition of the variety, variety descriptors and other particulars as may be considered by the Controller of Seeds. (b) The variety list shall be published at least once a year, and a variety included in the list shall be regarded as a nO'ITiea variety. --- - -_. Q1 Where an application for the recognition of a variety has been withdrawn, the Controller of seeds shall return all the papers submitted in connection with the application to the applicant at the address indicated in the application at, if this is not practicable destroy them after expiry of the prescribed period. 6. Variety Recognition The Controller of Seeds shall consider and examine all applications for the recognition of a variety or varieties. 7. Application and Procedure (1) An application for the recognition of a variety may be made by any person provided that where the applicant is not resident or, in the case of a juristic person, does not have a registered office in Malawi, an application shall be submitted only through a person who is authorized'iri""Wtlfmg-and is resident in Malawi. (2) Such application shall be made to the Controller of Seeds in the form and manner prescribed, along with the necessary application fee. 8. Requirements for Recognition of Variety (1) A variety may be recognized if(a) it is by reason of any important characteristic clearly distinguishable fr9m any other variety of the same kind the existence of which is a matter of common knowledge, whatever the origin, artificial or natural, of the initial variation from which it may be resulted; (b) it is sufficiently homogeneous having regard to the particular features of the reproduction or vegetative propagation thereof; 7