Plant Breeder s Rights
[ No. 18 of 2007
251
(5) Ifby reason ofa prior right, the use of any denomination of
a variety is prohibited by a person who, in accordance with
subsection (1), is obliged to use it, the Registrar shall require an
applicant to submit another denomination.
(6) Any person who offers for sale or markets a propagating
material of a protected variety may use the denomination of the
variety after the expiration of any applicants right in that variety,
except where, in accordance with sub-section (5), a prior right
prevents such use.
(7) Where a variety is offered for sale or otherwise marketed,
the use of the registered variety denomination in association with a
trademark, trade name or other similar indication shall be pemritted,
subject to the denomination remaining easily recognisable.
16. (1) The effective date of an application is the date on which
the application is lodged with the Registrar.
Priority of
application
(2) If two or more applications are made in respect of the
same plant variety, the Registrar shall first consider the application
having the earlier priority date.
17. (1) Where an application for the protection of a variety is
filed in a country which is a party to a bilateral or multilateral
agreement concerning plant variety protection to which Zambia is
a party and, an application in respect of the same variety is filed
within twelve months of the date of the earlier application, the
application filed with the Registrar shall enjoy a right of priority and
its effective date shall be the date of lodgement of the foreign
application.
Priority dates
arising from
foreign
application
(2) The Registrar shall treat the date of lodgement of any
foreign application as the priority date for the purposes of any local
application if-
(a) the applicant submits to the Registrar, within three months
of making the local application, a copy of the document
constituting the foreign application, certified by the
relevant Authority that received the foreign application,
to be a true copy of the document; and
(b) the applicant provides such further particulars in relation
to the plant variety as are required to complete the
consideration of the local application.
18. (1) Subject to the other provision of this Act, the Registrar
shall, within twenty one days from the date an application is lodged
in a plant variety, accept or reject the application.
Acceptance or
rejection of
application