Plant Breeder s Rights
[No. IS of2007 245
5. (1) There shall be a Registrar of the Institute who shall be a Registrar of
public officer and who shall be responsible for the carrying out of Institute
the provisions of this Act.
(2) There shall be a Deputy Registrar who shall be a public
officer and who shall exercise such functions and duties as are
delegated to the Deputy Registrar by the Registrar.
PART III
PLANT BREEDER's RIGHTS
6.
The Institute shall recognise and protectthe plant breeder's
rights enumerated under this Part.
7. (1) A plant breeder's right in respect of a plant variety is
the exclusive right, subject to the other provisions of this Act, to do,
or to licence another person to do, any of the following acts in
relation to propagating material of the variety:
(a) produce or reproduce the material;
(b) condition the material for the purpose of propagation;
(c) offer the material for sale;
(d) sell the material;
(e) import the material;
lj)export the material; or
(g) stock the material for any purposes described in paragraphs
(a) to (f).
(2)
The provisions of subsection (I) shall apply to-(a) any variety which is essentially derived from the protected
variety, where the protected variety is not in itself an
essentially derived variety;
(b) any variety that is not clearly distinguishable from the
initial variety;
(c) any variety that cannot be reproduced except by the
repeated use ofthe initial variety or of a variety referred
to under paragraph (b).
(3) A variety shall be deemed to be essentially derived from
anothervarietyif-(a) it is predominantly derived from the initial variety, or from
a variety that is itself predominantly derived from the
initial variety, while retaining the expression of the
essential characteristics that result from the genotype
or combination of the genotypes of the initial variety;
Protection
of plant
breeder's
Rights of
plant breeder