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

Interpretation.

1.—(1) In this Act, except where the context otherwise requires—

“the Acts” means the Principal Act and this Act;

“authorisation” has the meaning assigned to it by section 17 ;

“the Convention” means the International Convention for the Protection of New Varieties of Plants of December 2, 1961, as revised at Geneva on November 10, 1972, on October 23, 1978, and on March 19, 1991;

“the Council Regulation” means Council Regulation (EC) No. 2100/94 of 27 July 1994(1) on Community plant variety rights;

“essentially derived variety” has the meaning assigned to it by section 4 of the Principal Act, (inserted by section 5 );

“holder” has the meaning assigned to it by section 15 ;

“hybrid variety” has the meaning assigned to it by section 4 of the Principal Act, (inserted by section 5 );

“information notice” has the meaning assigned to it by section 20 ;

“plant breeders’ rights” has the meaning assigned to it by section 4 of the Principal Act, (as amended by section 5 );

“the Principal Act” means the Plant Varieties (Proprietary Rights) Act, 1980 ;

“protected variety” has the meaning assigned to it by section 15 ;

“unauthorised harvest material” has the meaning assigned to it by section 18 ;

“the Union” means the International Union for the Protection of New Varieties of Plants founded by the Convention;

“variety of recent creation” has the meaning assigned to it by section 15 ;

“variety which is not clearly distinguishable” has the meaning assigned to it by section 4 of the Principal Act, (inserted by section 5 ).

(2) In this Act—

(a) a reference to a section or a Schedule is a reference to a section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection or a paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended,

(c) a reference to any enactment is a reference to that enactment as amended, extended or adapted by or under any subsequent enactment.

(3) In this Act a reference to the Council Regulation shall be construed as a reference to the Council Regulation as amended, adapted or extended.

(1)OJ No. L227/1, 1.9.94.