Protection of New Plant Varieties Act 2004 · Updated to 1 Jan 2006 · Part IV · Rights, Limitations and Duties of a Holder
32. Duration of breeder’s right
Feedback & supportThe breeder’s right to a registered plant variety shall take effect from the filing date of an application for the registration
breeder
“breeder” means a person who has bred or has discovered and developed any plant variety;
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of the plant variety and grant of breeder’s right and shall subsist for a period of—
plant
“plant” means any living organism in the plant kingdom but excludes any micro-organism;
twenty years for a registered plant variety that is new, distinct, uniform and stable; or
fifteen years for a registered plant variety that is new, distinct and identifiable.
Notwithstanding the provisions of subsection (1), where an application for the registration of a new plant variety and grant of breeder’s right is made in respect of trees or vines, and the application has complied with the provisions of this Act, the
variety
“variety” means a plant grouping within a single botanical taxonomy of the lowest known rank— (a) which can be defined by the expression of the characteristics resulting from a given genotype or a combination of genotypes; (b) which can be distinguished from any other plant grouping by the expression of at least one of such characteristics; and (c) which can be considered as a unit with regard to its suitability for being propagated unchanged, and includes propagating material and harvested material of the plant variety;
Board may register the plant variety and grant breeder’s right for a duration of twenty-five years.