Plant Varieties Protection Act 2004 · 2020 Revised Edition · Part 4 · Grant and Revocation of Protection
23. Varieties bred or discovered and developed by 2 or more persons independently
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before a grant of protection has been made in respect of any plant variety, 2 or more applications in respect of that plant variety have been made;
grant of protection
“grant of protection” means a grant of protection made by the Registrar under section 21;
the Registrar is satisfied that the applicants concerned are persons who bred, or discovered and developed, that plant variety independently, or are successors of such persons; and
Registrar
“Registrar” means the Registrar of Plant Varieties mentioned in section 5;
the Registrar is satisfied that, but for this section, each of those applicants would be entitled to a grant of protection in respect of that plant variety,the Registrar must make a grant of protection to the applicant whose application was made first.
applicant
“applicant”, in relation to any application, means the person by whom or on whose behalf the application is made;