application; or
any other plant, for longer than four years before the date of
B.
application;
(b)
it is distinct from any other variety the existence of which is a matter
of common knowledge at the date of application; and
(c)
it is sufficiently uniform in its relevant characteristics, subject to the
variation that can be expected from the particular features of its propagation; and
(d)
it is stable.
(3) For the purposes of paragraph (b) of subsection (2) —
(a)
the filing of an application in a foreign country for—
(i)
the granting of rights equivalent to plant breeders rights for a variety;
or
(ii)
the entering of a variety in an official register of varieties;
shall be deemed to render that variety a matter of common knowledge
from the date of the application, if the application leads to the granting of such rights
or the entering of the variety in the official register, as the case may be;
(b)
common knowledge of a variety shall be presumed if the variety is—
(i)
already in cultivation or accepted for commercial purposes; or
(ii)
included in any commercial or botanical reference collection; or
(iii)
described precisely in any magazine, journal or other publication.
3A
Persons to whom plant breeders rights may be granted
The Registrar shall not grant plant breeders rights to any person except—
(a)
the State or the government of a reciprocating country; or
(b)
an individual who is a citizen or resident of Zimbabwe or a
reciprocating country; or
(c)
a company or body corporate which carries on business or has its
principal office in Zimbabwe or a reciprocating country;
where the State or that government, individual, company or body corporate, as the
case may be, is a breeder of the new variety concerned.
[inserted by Act 11 of 2001 with effect from 27 July, 2001]
PART II
ADMINISTRATION
4
Registrar of Plant Breeders Rights and other officers
Subject to the Public Service Act [Chapter 16:04], there shall be—
(a)
an officer, to be styled the Registrar of Plant Breeders Rights, who
shall exercise such functions as are conferred or imposed on the Registrar by this Act;
and
(b)
such examiners and other officers as may be necessary for the better
carrying out of the provisions of this Act.
[amended by Act 11 of 2001 with effect from 27 July, 2001]
5
Register of Plant Breeders Rights
(1) The Registrar shall cause to be kept a Register of Plant Breeders Rights, in which
shall be entered—
(a)
particulars of plant breeders rights which are in force and of any
licences issued in respect thereof; and
(b)
notice of all matters which are required by or under this Act to be
entered in the Register and of such other matters affecting the validity or ownership
of plant breeders rights as the Registrar thinks fit.
(2) The Register shall be prima facie evidence of any matters entered therein which
are required or authorized by or under this Act to be entered therein.
PART III