Protection of New Plant Varieties Act 2004 · Updated to 1 Jan 2006 · Part IV · Rights, Limitations and Duties of a Holder
30. Scope of breeder’s right
Feedback & supportSubject to section 31, a holder of a breeder’s right shall, in respect of the registered plant variety for which the right is granted, have the right to carry out all or any of the following acts on a commercial basis:
producing or reproducing;
conditioning for the purpose of propagation;
offering for sale;
marketing, inclusive of selling;
exporting;
importing;
stocking the material for the purposes mentioned in paragraphs (a) to (f).
The breeder’s right shall also extend to—
breeder
“breeder” means a person who has bred or has discovered and developed any plant variety;
any propagating material of the registered plant variety, harvested material of the registered plant variety and the entire or any part of a plant variety where the propagating material of that plant variety is obtained through unauthorized means from the registered plant variety;
plant varieties which are essentially derived from the registered plant variety, if the registered plant variety is not essentially derived from another plant variety;
plant varieties which are not clearly distinguishable from the registered plant variety; or
the production of other plant varieties which require the repeated use of the registered plant variety.
For the purposes of paragraph 30(2)(a), “unauthorized” in relation to the propagating material means it is obtained without the consent or permission of the holder.
propagating material
“propagating material” means any material or plant, or any part of the plant, used for multiplication or reproduction;
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Protection of New Plant Varieties
plant
“plant” means any living organism in the plant kingdom but excludes any micro-organism;