34. Availability of propagating material

Terms defined in s 2

• Board

  Board

  Defined · s 2

  “Board” means the Plant Varieties Board established under section 3;

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• breeder

  breeder

  Defined · s 2

  “breeder” means a person who has bred or has discovered and developed any plant variety;

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• holder

  holder

  Defined · s 2

  “holder” means the holder of a breeder’s right;

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• plant

  plant

  Defined · s 2

  “plant” means any living organism in the plant kingdom but excludes any micro-organism;

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• propagating material

  propagating material

  Defined · s 2

  “propagating material” means any material or plant, or any part of the plant, used for multiplication or reproduction;

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• registered plant variety

  registered plant variety

  Defined · s 2

  “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;

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• variety

  variety

  Defined · s 2

  “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;

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