Plant Varieties Protection Act · 2022 Revised Edition · Part · Grant and Revocation of Protection
22. Varieties bred or discovered and developed by two or more persons independently
Official textFrom Attorney General's Chambers, unchanged
Where —
before a grant of protection has been made in respect of any plant variety, two or more applications in respect of that plant variety have been made;
grant of protection
“grant of protection” means a grant of protection made by the Registrar under section 20;
the Registrar is satisfied that the applicants concerned are persons who bred, or discovered and developed, that plant variety independently, or are successors of such persons; and
Registrar
“Registrar” means the Registrar of Plant Varieties referred to in section 5;
the Registrar is satisfied that each of those applicants would be entitled to a grant of protection in respect of that plant variety, the Registrar shall make a grant of protection to the applicant whose application was made first.
applicant
“applicant”, in relation to any application, means the person by whom or on whose behalf the application is made;
Terms defined in s 2
applicant
Defined · s 2“applicant”, in relation to any application, means the person by whom or on whose behalf the application is made;
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;
Registrar
Defined · s 2“Registrar” means the Registrar of Plant Varieties referred to in section 5;
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
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