|
|
Amendment of First Schedule to Principal Act.
|
14.— The First Schedule to the Principal Act is hereby amended by—
|
|
| |
(a) the substitution of the following paragraph for paragraph 1:
|
|
| |
“Distinctness.
|
|
| |
1. (1) The plant variety concerned—
|
|
| |
(a) is not a matter of common knowledge at the time that application for plant breeders’ rights is made, and
|
|
| |
(b) is clearly distinguishable from any other plant variety the existence of which is a matter of common knowledge at the time such application is made,
|
|
| |
and the distinguishing characteristic of that plant variety is recognisable and is capable of description and recognition.
|
|
| |
(2) For the purposes of this paragraph, common knowledge of a plant variety shall be established when an application is made—
|
|
| |
(a) for the grant of plant breeder's rights, or
|
|
| |
(b) to enter the plant variety concerned in an official register of plant varieties in any country or territory which is a Contracting Party.”,
|
|
| |
(b) the substitution of the following paragraph for paragraph 2:
|
|
| |
“Uniformity.
|
|
| |
2. The plant variety concerned is sufficiently uniform in respect of the characteristic concerned notwithstanding any variation arising from the propagation of such plant variety.”,
|
|
| |
(c) the substitution of the following paragraph for paragraph 3:
|
|
| |
“Stability.
|
|
| |
3. The characteristic of the plant variety concerned does not alter—
|
|
| |
(a) after repeated propagation, or
|
|
| |
(b) where there is a particular cycle of propagation, at the end of each such cycle.”,
|
|
| |
and
|
|
| |
(d) the substitution of the following paragraph for paragraph 4:
|
|
| |
“Novelty.
|
|
| |
4. Propagating or harvested material of the plant variety concerned, has not, on the date on which an application for plant breeders’ rights is made, been sold or otherwise disposed of to others, by or with the consent of the applicant, for the purposes of exploitation of such plant variety either—
|
|
| |
(a) in the State for a period that is greater than one year before the date of an application for plant breeders’ rights, or
|
|
| |
(b) in a territory other than that of the Contracting Party for a period that is greater than four years, or in the case of trees or vines, for a period that is greater than six years before that date.”.
|
