31. Exhaustion of grant of protection

Terms defined in s 2

• 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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• grantee

  grantee

  Defined · s 2

  “grantee” means the holder of a grant of protection;

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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;

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• propagating material

  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;

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• propagation

  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;

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• protected variety

  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;

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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.

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