24. Grounds of invalidity of grant of protection

Terms defined in s 2

• application

  application

  Defined · s 2

  “application” means an application for a grant of protection;

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• breeder

  breeder

  Defined · s 2

  “breeder”, in relation to any plant variety, means — (a) subject to paragraph (b), a person who bred, or discovered and developed, the plant variety; (b) if the plant variety was bred, or discovered and developed, by a person in the course of performing his duties or functions as an employee of another person, that other person; or (c) the successor in title to the person in paragraph (a) or (b), as the case may be;

  Open s 2
• Court

  Court

  Defined · s 2

  “Court” means the High Court;

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• grant of protection

  grant of protection

  Defined · s 2

  “grant of protection” means a grant of protection made by the Registrar under section 20;

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• plant

  plant

  Defined · s 2

  “plant” includes all fungi and algae but does not include bacteria, bacteroids, mycoplasmas, viruses, viroids and bacteriophages;

  Open s 2
• register

  register

  Defined · s 2

  “register” means the register of plant varieties maintained under section 38;

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• Registrar

  Registrar

  Defined · s 2

  “Registrar” means the Registrar of Plant Varieties referred to in section 5;

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• variety

  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.

  Open s 2