Plant Varieties Protection Act · 2022 Revised Edition · Part · Scope and Nature of Grant of Protection
27. Scope and nature of grant of protection
Official textFrom Attorney General's Chambers, unchanged
Subject to sections 30 and 31, a grantee in respect of any protected variety shall be entitled to prevent a person from doing any of the following acts in respect of the propagating material of the protected variety without the authorisation, by way of a licence or otherwise, of the grantee —
production or reproduction (multiplication);
conditioning for the purpose of propagation;
offering for sale;
selling or other forms of marketing;
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exporting;
importing;
stocking for any of the purposes specified in paragraphs (a)
to (f).
The grantee may give his authorisation subject to conditions and limitations.
A grant of protection is personal property and may be assigned or transmitted in the same way as other personal property.
grant of protection
“grant of protection” means a grant of protection made by the Registrar under section 20;
An assignment of a grant of protection under subsection (3) is not effective unless it is in writing and signed by or on behalf of the assignor.
Subject to subsection (6), a licence granted by a grantee in respect of any protected variety is binding on every successor in title to the grantee’s interest —
protected variety
“protected variety” means a plant variety in respect of which complies with the conditions of protection by virtue of sections 21 and 35;
except any person who, in good faith and without any notice
(actual or constructive) of the licence, has given valuable consideration for the interest in the grant of protection; or
unless the licence provides otherwise, and any reference in this Act to doing anything with, or without, the consent of the grantee shall be construed accordingly.
Every person is deemed to have notice of a licence if the prescribed particulars of the grant of the licence are entered in the register under section 41.
register
“register” means the register of plant varieties maintained under section 38;
Subject to sections 30 and 31, the rights of a grantee under subsection (1) also apply to harvested material, including entire plants and parts of plants, obtained through the unauthorised use of propagating material of the protected variety unless the grantee has had reasonable opportunity, to exercise his rights in relation to the propagating material.
propagating material
“propagating material”, in relation to a plant of a particular plant variety, means any part or product from which, whether alone or in combination with other parts or products of that plant, another plant with the same characteristics can be produced;
Plant Varieties Protection
plant
“plant” includes all fungi and algae but does not include bacteria, bacteroids, mycoplasmas, viruses, viroids and bacteriophages;
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;
propagating material
Defined · s 2“propagating material”, in relation to a plant of a particular plant variety, means any part or product from which, whether alone or in combination with other parts or products of that plant, another plant with the same characteristics can be produced;
propagation
Defined · s 2“propagation”, in relation to a plant or any of its components, means the growth, culture or multiplication of that plant or component;
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;
register
Defined · s 2“register” means the register of plant varieties maintained under section 38;
Part
Authorisation and Compulsory Licences
Part
Notice of Protection
Part
Denomination
Part
Register of Plant Varieties
Part
Offences
Part
Assistance by Border Authorities
Part