Plant Varieties Protection Act · 2022 Revised Edition · Part · Application for Grant of Protection
19. Provisional protection
Official textFrom Attorney General's Chambers, unchanged
Where a grant of protection for a plant variety has been made under section 20, the grantee shall have the right to take proceedings against any person who, during the period between the application for the grant of protection under section 13 and the grant of that protection has carried out acts which, once the right is granted requires the grantee’s authorisation in respect of the protected variety under this Act as if the grant of protection had been made on the date of the publication application.
grant of protection
“grant of protection” means a grant of protection made by the Registrar under section 20;
Terms defined in s 2
grant of protection
Defined · s 2“grant of protection” means a grant of protection made by the Registrar under section 20;
plant
Defined · s 2“plant” includes all fungi and algae but does not include bacteria, bacteroids, mycoplasmas, viruses, viroids and bacteriophages;
protected variety
Defined · s 2“protected variety” means a plant variety in respect of which complies with the conditions of protection by virtue of sections 21 and 35;
variety
Defined · s 2“variety” means a plant grouping within single botanical taxon of the lowest known rank, which grouping, irrespective of whether the conditions for the grant of breeder’s right are fully met, can be — (a) defined by the expression of the characteristics resulting from a given genotype or combination of genotypes; (b) distinguished from any other plant grouping by the expression of at least one said characteristics; and (c) considered as a unit with regard to its suitability for being propagated unchanged.
Part
Grant and Revocation of Protection
Part
Scope and Nature of Grant of Protection
Part
Authorisation and Compulsory Licences
Part
Notice of Protection
Part
Denomination
Part
Register of Plant Varieties
Part
Offences
Part
Assistance by Border Authorities
Part