21. Making of grant of protection

Terms defined in s 2

• applicant

  applicant

  Defined · s 2

  “applicant”, in relation to any application, means the person by whom or on whose behalf the application is made;

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• application

  application

  Defined · s 2

  “application” means an application for a grant of protection;

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• breeder

  breeder

  Defined · s 2

  “breeder”, in relation to any plant variety, means —(a)subject to paragraph (b), a person who bred, or discovered and developed, the plant variety;(b)if the plant variety was bred, or discovered and developed, by a person in the course of performing the person’s duties or functions as an employee of another person, that other person; or(c)the successor in title to the person in paragraph (a) or (b) (as the case may be);

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• denomination

  denomination

  Defined · s 2

  “denomination” means the distinguishing name or identification for a plant variety;

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• grant of protection

  grant of protection

  Defined · s 2

  “grant of protection” means a grant of protection made by the Registrar under section 21;

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• plant variety

  plant variety

  Defined · s 2

  “plant variety” means a plant grouping within a single botanical taxon of the lowest rank which, irrespective of whether the conditions for a grant of protection are fully met, can be —(a)defined by the expression of the characteristics resulting from a given genotype or a combination of genotypes;(b)distinguished from any other plant grouping by the expression of at least one of those characteristics; and(c)considered as a unit with regard to its suitability for being propagated unchanged;

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• Registrar

  Registrar

  Defined · s 2

  “Registrar” means the Registrar of Plant Varieties mentioned in section 5;

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