Plant Varieties Protection Act · 2022 Revised Edition · Part · Register of Plant Varieties
38. Register to be maintained
Official textFrom Attorney General's Chambers, unchanged
The Registrar shall maintain a register of plant varieties.
Registrar
“Registrar” means the Registrar of Plant Varieties referred to in section 5;
There shall be entered in the register —
register
“register” means the register of plant varieties maintained under section 38;
grants of protection made;
every decision of the Registrar making or declining the making of a grant;
the approved denomination for a plant variety;
such particulars of the grantee as the Registrar may determine; and
any other matters and information relating to a protected variety or grant of protection whose entry in the register appears to the Registrar to be useful.
The register may be kept in whole or in part using a computer.
Any record of a particular or other matter made by using a computer used for the purpose of keeping the register, or any part of the register, is taken to be an entry in the register.
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;
plant
Defined · s 2“plant” includes all fungi and algae but does not include bacteria, bacteroids, mycoplasmas, viruses, viroids and bacteriophages;
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;
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.
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