Plant Varieties Protection Act · 2022 Revised Edition · Part · Assistance by Border Authorities
46. Interpretation of this Part
Official textFrom Attorney General's Chambers, unchanged
In this Part, unless the context otherwise requires —
“authorised officer” means —
an officer of customs as defined in section 2 of the
Customs Order, 2006 (S 39/2006);
any officer or class or description of officers appointed by the Attorney General by notification published in the Gazette to exercise the powers and perform the duties conferred and imposed on an authorised officer by this Part;
Plant Varieties Protection 36
plant
“plant” includes all fungi and algae but does not include bacteria, bacteroids, mycoplasmas, viruses, viroids and bacteriophages;
“Controller” has the same meaning assigned to it as in section 2 of the Customs Order, 2006 (S 39/2006);
“goods in transit” means goods imported, whether or not landed or transhipped within Brunei Darussalam, which are to be carried to another country or territory either by the same or another conveyance;
“infringement action” means an action for an infringement in respect of a grant of protection;
grant of protection
“grant of protection” means a grant of protection made by the Registrar under section 20;
“objector”, in relation to particular seized goods, means the person who gave the notice under section 47 as a result of the giving of which the goods were seized;
“proprietor”, in relation to a protected plant variety, includes a grantee;
variety
“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.
“retention period”, in relation to seized goods, means —
the period specified in a notice given under section 50 in respect of the goods; or
if that period has been extended under section 50, that period as so extended;
“seized goods” means good seized under section 47;
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