Plant Breeder s Rights
[ No. 18 of2007
243
" licence" means a licence issued under Part V of this Act;
"National Biosafety Authority" means the National Biosafety
Authority established under the Biosafety Act, 2007;
" owner" in relation to a variety, includes any person having
for the time being the possession of that variety;
" plant" includes any fungi and algae but does not include
any bacteria, bacteroid, mycoplasma, virus, viroid or
bacteriophage;
" plant breeder's right" means a right granted in terms of
section seven;
"plant genetic resource" means any material of plant origin
and the reproductive propagating material that contains
functional units of heredity of actual or potential value to
food and agriculture;
" propagation " in relation to a living organism or its
components, means the growth, culture or multiplication
of that organism or component whether by sexual or
asexual means;
"propagating material" in relation to a plant of a particular
plant variety, means any part or product from which,
whether alone or in combination with other parts orproducts
of that plant, another plant with the same essential
characteristics can be produced;
" protected variety" means a variety in respect of which a
grant of a plant breeders' right is made;
" Registrar" means the Registrar of the Institute appointed
under section five;
"royalty" means the amount of money, in Kwacha equivalent,
payable for the utilisation of a plant breeder's right;
" seed" means the part of a plant, customarily referred to as
a seed, intended for planting and includes a seed potato;
" sell " includes to exchange, barter, offer, hire, advertise,
keep, expose, transmit, conveyor deliver for or in
pursuance of a commercial purpose;
" species" means a natural plant grouping that is capable of
breeding within itselfbut does not interbreed with a member
of another plant species;
., successor" means(a) in relation to a breeder of a plant variety, a person
to whom the right of the breeder to make an
application for a breeder's right in the variety is
assigned or transmitted by will or by operation of
law; and
ActNo.IOof
2007