“plant breeders rights" means plant breeders rights granted in terms of section
fourteen;
“plant concerned” means the plant to which the application in terms of section seven
relates and which is claimed by the applicant to be a new variety;
[amended by Act 11 of 2001 with effect from 27 July, 2001]
“reciprocating country” means —
(a)
any State which is a party to the Convention or any other treaty to
which Zimbabwe is also a party and which provides for the protection of rights in
plant varieties; or
(b)
any State which is not a party to the Convention or to a treaty referred
to in paragraph (a) but which, in the Registrar’s opinion, effectively protects rights in
plant varieties held by—
(i)
individuals who are citizens or residents of Zimbabwe; or
(ii)
companies or bodies corporate which carry on business in Zimbabwe
or have their principal offices there;
[inserted by Act 11 of 2001 with effect from 27 July, 2001]
“Register” means the Register of Plant Breeders Rights kept in terms of section five;
“Registrar” means the Registrar of Plant Breeders Rights appointed in terms of
section four;
“reproductive material” means a plant or part of a plant which is used to multiply the
plant;
“sell” includes to offer, advertise, keep, expose. transmit, convey, deliver or prepare
for sale or to exchange or to dispose of for any consideration whatsoever or to
transmit, convey or deliver in pursuance of such a sale, exchange or disposal;
“stable”, in relation to a variety, means stable in the sense that its relevant
characteristics remains unchanged after repeated propagation or, in the case of a
particular cycle of propagation, at the end of each such cycle;
[substituted by Act 11 of 2001 with effect from 27 July, 2001]
“uniform” means uniform in the sense that any variations are describable, predictable
and commercially acceptable;
“variety” means—
(a)
a botanical variety, cultivar, breeding line or clone which—
(i)
is sufficiently homogeneous; and
(ii)
can be differentiated from another of the same kind by one or more
characteristics which are capable of definition and recognition; and
(iii) is reasonably uniform and stable after repeated propagation;
or
(b)
a hybrid; or
(c) a multiline.
3
......
[repealed by Act 11 of 2001 with effect from 27 July, 2001]
PART 1A
APPLICATION OF ACT
3
Plants in respect of which plant breeders rights may be granted
(1) The Registrar shall not grant plant breeders rights under this Act in respect of any
plant unless it is a new variety of a prescribed kind.
(2) A plant shall be regarded as a new variety for the purposes of subsection (1) if—
(a)
it was not offered for sale or marketed —
(i)
in Zimbabwe prior to the date of application; or
(ii)
in any other country in respect of —
A.
trees and grapevines, for longer than six years before the date of