“assignee”, in relation to a new variety, means—
(a)
a person who has derived his title to the new variety for Zimbabwe
directly or indirectly from the breeder or owner thereof; or
(b)
the legal representative of the person referred to in paragraph (a);
“breeder”, in relation to a new variety, means—
(a)
the person who directed the final breeding of the new variety or who
developed or discovered the new variety; or
the legal representative of the person referred to in paragraph (a);
(b)
“breeding line” means an assemblage of sexually reproducing individuals of uniform
appearance propagated by seeds, the stability of which is maintained by selection to a
standard;
“clone” means uniform material derived from a single individual and propagated
entirely by vegetative means;
“convention” means the International Union for the Protection of New Varieties of
Plants, signed at Paris, France, on the 2nd December, 1961, and includes the revisions
made in Geneva, Switzerland, on the 10th November, 1972, on the 23rd October,
1978, and on the 19th March, 1991;
[inserted by Act 11 of 2001 with effect from 27 July, 2001]
“cultivar” means an assemblage of cultivated individuals which is designated by any
characteristics, morphological, physiological, chemical, genetic or others, significant
for the purposes of agriculture, forestry or horticulture, and which, when reproduced
sexually or asexually, retains its distinguishing features;
“date of application” means the effective date of an application for plant breeders
rights in terms of subsection (4) or (5), as the case may be, of section seven;
[amended by Act 11 of 2001 with effect from 27 July, 2001]
“farmer” means a person who normally derives his sole or principal means of
livelihood from agriculture carried on by him in Zimbabwe;
[inserted by Act 11 of 2001 with effect from 27 July, 2001]
“foreign application” means an application made in terms of section seven in respect
of a variety which has its origin outside Zimbabwe;
[amended by Act 11 of 2001 with effect from 27 July, 2001]
“hybrid” means the first generation progeny of a cross which is produced under
controlled pollination with parents sufficiently uniform to permit repeated production
of the hybrid without change in uniformity or stability;
“kind”, in relation to a plant, means all related species, subspecies and varieties of
any plant which are known by the same common name;
“legal representative” means—
(a)
the liquidator or receiver of a company;
(b)
the representative recognized by law of any person who has died,
become insolvent or bankrupt or assigned his estate, is an infant or a minor, is of
unsound mind or is otherwise under a disability;
“Minister” means the Minister of Agriculture or any other Minister to whom the
President may, from time to time, assign the administration of this Act;
“multiline” means an assemblage of individual breeding lines in a stated proportion;
“new variety” means any variety of plant which is a new variety as described in
subsection (2) of section three;
[amended by Act 11 of 2001 with effect from 27 July, 2001]
“officer” means the Registrar or any examiner or other officer appointed in terms of
section four;
“plant” includes a fungus;
[inserted by Act 11 of 2001 with effect from 27 July, 2001]