Plant Varieties Protection Act · 2022 Revised Edition · Part · Scope and Nature of Grant of Protection
28. Essentially derived and certain other plant varieties
Official textFrom Attorney General's Chambers, unchanged
Where a grant of protection is made under section 20, that grant of protection shall also extend to and the provisions of section 27 apply in relation to —
grant of protection
“grant of protection” means a grant of protection made by the Registrar under section 20;
any plant variety which is essentially derived from the plant variety in respect of which the grant of protection was made (referred to in this section as the protected plant variety);
any plant variety which is not clearly distinguishable in accordance with section 21(1)(b) from the protected plant variety;
and
any plant variety the production of which requires the repeated use of the protected plant variety.
For the purposes of this section, a plant variety shall be treated as being essentially derived from another variety (“the initial variety”) if —
plant
“plant” includes all fungi and algae but does not include bacteria, bacteroids, mycoplasmas, viruses, viroids and bacteriophages;
it is predominantly derived from the initial plant variety or from a plant variety that is itself predominantly derived from the initial plant variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety;
it is clearly distinguishable from the initial plant variety;
and
except for the differences which result from the act of derivation, it conforms to the initial variety in the expression of the essential characteristics that result from the genotype or a combination of genotypes of the initial variety.
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;
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
Authorisation and Compulsory Licences
Part
Notice of Protection
Part
Denomination
Part
Register of Plant Varieties
Part
Offences
Part
Assistance by Border Authorities
Part