Plant Varieties (Proprietary Rights) (Amendment) Act, 1998

Amendment of section 2 of Principal Act.

3.Section 2 of the Principal Act is hereby amended by—

(a) the substitution in subsection (1)—

(i) of “for the protection of intellectual property or any other relevant international co-operation or agreement for the protection of intellectual property” for “for the protection of plant varieties and plant breeders’ rights”, and

(ii) of “Contracting Party” for “convention country” in each place where it occurs,

and

(b) the substitution in subsection (2) of “Contracting Party” for “convention country”,

and the said subsections (1) and (2), as so amended, are set out in the Table to this section.

TABLE

(1) For the purposes of enabling any international convention or agreement for the protection of intellectual property or any other relevant international co-operation or agreement for the protection of intellectual property to which the State is a party to be carried into effect, the Government may by order declare one or more foreign countries, which foreign country, or each of which foreign countries, shall be one whose government or any of whose departments of state is a party to the convention or agreement, to be a Contracting Party for the purposes of this Act, and for so long as the order remains in force any foreign country which is one specified in the declaration contained therein shall be a Contracting Party for the purposes of this Act.

(2) An order under this section may provide that the declaration contained therein shall extend to any territory for the foreign relations of which the government of a foreign country specified in such declaration considers itself responsible, and in case an order under this section so provides then for so long as the order is in force as regards that foreign country the territory to which the declaration is so extended shall for the purposes of this Act be regarded as being a Contracting Party.