39. Register to be maintained

Terms defined in s 2

• 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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• grantee

  grantee

  Defined · s 2

  “grantee” means the holder of a grant of protection;

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• plant

  plant

  Defined · s 2

  “plant” includes all fungi and algae but does not include bacteria, bacteroids, mycoplasmas, viruses, viroids and bacteriophages;

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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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• protected variety

  protected variety

  Defined · s 2

  “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);

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• register

  register

  Defined · s 2

  “register” means the register of plant varieties maintained under section 39;

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• Registrar

  Registrar

  Defined · s 2

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

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