Plant Varieties Protection Act 2004 · 2020 Revised Edition · Part 8 · Denomination
37. Use of denomination
Feedback & supportAny person who offers for sale or disposes of propagating material of a protected variety must use the registered denomination for that protected variety, whether or not the term of the grant of protection has expired.
propagating material
“propagating material”, in relation to a plant of a particular plant variety, means any part or product from which, whether alone or in combination with other parts or products of that plant, another plant with the same essential characteristics can be produced;
A person must not offer for sale or dispose of, under the registered denomination of a protected variety, propagating material of some other plant variety, whether or not the term of grant of protection has expired.
denomination
“denomination” means the distinguishing name or identification for a plant variety;
A registered denomination for a protected variety or a denomination which is confusingly similar to the registered denomination must not be used for any plant variety of the same plant species as the protected variety or for a plant specie which is closely related thereto or for any material of such a plant variety, so long as —
protected variety
“protected variety” means a plant variety in respect of which a grant of protection is in force, and includes any essentially derived or other plant variety to which the grant of protection is extended by virtue of section 29(1);
the registration of the registered denomination of the protected variety is in force; or
the registered denomination of the protected variety is still in use in respect of the commercial exploitation of the protected variety, even if the term of the grant of protection has expired.
A person who sells or markets the propagating material or harvested material of a protected variety may, for that purpose, associate a trademark, trade name or other similar indication which the person owns with the registered denomination of that protected variety.
harvested material
“harvested material” means any harvested material to which the rights of a grantee under section 28(1) are extended by virtue of section 28(7);
Where a person associates a trademark, trade name or other similar indication with the registered denomination under subsection (4), the denomination must nevertheless be easily recognisable and distinct from the trademark, trade name or other similar indication.