Protection of New Plant Varieties Act 2004 · Updated to 1 Jan 2006 · Part III · Procedure and Conditions for Application of Registration of New Plant Variety and Grant of Breeder’S Right
16. Denomination of a new plant variety
Feedback & supportThe denomination of a plant variety the registration of which by the Board is applied for—
denomination
“denomination” means the name or identification for a plant variety expressed in letters or a combination of letters and figures written in any language;
shall be the generic designation of the plant variety;
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must enable the plant variety to be identified;
shall not exclusively consist of numerals; and
shall be different from other plant variety denominations which identify an existing plant variety of the same plant species or a closely related species.
The Board may reject any denomination of a plant variety which—
does not satisfy the requirements of subsection (1);
is contrary to public order or morality;
is not suitable for the identification of the plant variety;
or
may cause confusion concerning the characteristics or the identity of the breeder of the plant variety.
Where a denomination of a plant variety is rejected by the
plant
“plant” means any living organism in the plant kingdom but excludes any micro-organism;
Board under subsection (2), the Board may require the applicant to furnish a new denomination within a specified time.
If a new denomination as required under subsection (3) is not furnished by the applicant within the time specified by the
Board, the application shall be deemed to be withdrawn and shall not be further proceeded with, but without prejudice to a fresh application being made by the applicant.
The denomination of a registered plant variety shall be used when the plant variety is offered for sale on a commercial basis and if a trade mark, trade name or other similar indication is used together with the denomination, the denomination of that registered plant variety must remain easily recognizable.
registered plant variety
“registered plant variety” means a plant variety which has been registered as a new plant variety and for which a breeder’s right has been granted under this Act;
Notwithstanding the expiration of the duration of the breeder’s right in respect of a plant variety, any person who offers for sale on a commercial basis any propagating material of a registered plant variety shall continue to use the denomination of that registered plant variety.
breeder
“breeder” means a person who has bred or has discovered and developed any plant variety;
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Protection of New Plant Varieties