Plant Varieties Protection Act · 2022 Revised Edition · Part · Denomination
36. Use of denomination
Official textFrom Attorney General's Chambers, unchanged
Any person who offers for sale or disposes of propagating material of a protected variety shall use the registered denomination for that protected variety, whether or not the term of the grant of protection has expired.
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;
A person who sells or markets the propagating material or harvested material of a protected variety may, for that purpose, associate a trade mark, trade name or other similar indication which he owns with the registered denomination of that protected variety. If such an indication is so associated, the denomination must nevertheless be easily recognisable.
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;
Terms defined in s 2
denomination
Defined · s 2“denomination” means the distinguishing name or identification for a plant variety;
grant of protection
Defined · s 2“grant of protection” means a grant of protection made by the Registrar under section 20;
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;
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;
term
Defined · s 2“term”, in relation to a grant of protection, means the term of the grant of protection under section 23;
Part
Register of Plant Varieties
Part
Offences
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Assistance by Border Authorities
Part