250 [No.18of2007
s
Plant Breeder Rights
(a) propagating material of any kind;
(b) harvested material, including an entire plant or any part
of a plant; and
(c) any product made directly from any harvested material.
PARTlY
REGISTRATION OF PLANT BREEDER'S RlGHTS
Application
for plant
breeder's
rights
14. (1)
A breeder ofa new plant variety may apply to the
Institute for a plant breeder's right in respect of the variety in the
prescribed manner and form upon payment of a prescribed fee.
(2) A breeder of a new variety, or the breeder's successor,
may apply for a plant breeder's right in respect of the variety,
whether or not the breeder is a citizen or foreigner, is resident in
Zambia or not and whether the variety was bred locally or abroad.
(3) Where two or more persons are entitled to apply for a
plant breeder's rights in respect of a new variety whether by reason
that they bred the plant variety jointly or independently or otherwise,
the persons or some of those persons may make ajoint application
for the rights.
(4) Where two or more persons breed a new plant variety
jointly, one of the breeders or a successor of one of the breeders
shall not make an application for a plant breeder's rights in reb-pect
of the variety otherwise than jointly with, or with the consent in
writing of, the other person, or each of the other persons, entitled
to an application for those rights.
(5) Where an applicant is a public fmanced or private institution,
the applicant shall make the application in the name of the institution.
Plant variety
denomination
15. (I) An applicant shall assign a single and distinct
denomination to a variety in respect of which an application is made,
in the prescribed manner and form.
(2) No right in the designation registered as the denomination
of any variety shall prevent a person from using the denomination
in cormection with the variety, even after the expiration of the
applicant's rights.
(3) The Registrar shall not register any denomination that fails
to meet the requirements of this Act.
(4) The Registrar may, where the Registrar rejects a plant
variety denomination, request the applicant to submit another
denomination within a prescribed period.
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