Plant Varieties Protection Act · 2022 Revised Edition · Part · Notice of Protection
34. Notice of protection
Official textFrom Attorney General's Chambers, unchanged
Where an applicant sells any propagating material of the plant variety in respect of which his application relates, he shall take all reasonable steps, by means of suitable labelling or other identification of that material to inform the purchaser of the existence of his application, unless and until his application is withdrawn or lapses or the Registrar declines to make a grant in respect of that application.
applicant
“applicant”, in relation to any application, means the person by whom or on whose behalf the application is made;
Any person who —
has acquired any rights in respect of any plant variety under section 20, or who is a licensee of such rights; and
sells any propagating material of that plant variety, shall take all reasonable steps, by means of suitable labeling or other identification of that material, to inform the purchaser of those rights.
Plant Varieties Protection 30
In determining, for the purposes of section 29(4), whether or not any person had reasonable grounds for supposing that any action was an infringement of a grant of protection, the Court may take into account the extent, if any, to which a person referred to in subsection (1) or (2), as the case may be, has complied with that subsection in respect of any propagating material in relation to which that infringement occurred.
grant of protection
“grant of protection” means a grant of protection made by the Registrar under section 20;
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;
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;
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
Denomination
Part
Register of Plant Varieties
Part
Offences
Part
Assistance by Border Authorities
Part