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

Amendment of section 1 of Principal Act.

2.Section 1 of the Principal Act is hereby amended by—

(a) the substitution in subsection (1) of the following definition for the definition of “variety”:

“‘variety’ means a plant grouping within a single botanical taxon of the lowest known rank, which grouping, irrespective of whether or not the conditions for the grant of a plant breeder's right are fully met, may be—

(a) defined by the expression of the characteristics resulting from a given genotype or 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 in relation to the suitability of the plant grouping concerned remaining unchanged following the propagation;”,

(b) the deletion in subsection (1) of the definitions of “authorisation”, “the Convention”, “Convention country”, and “holder”,

(c) the insertion of the following definition in subsection (1):

“‘Contracting Party’ means a state or an intergovernmental organisation which is a party to the Convention or in respect of which a declaration under section 2 of this Act has been made;”,


(d) the substitution in subsection (2) of the following paragraph for paragraphs (c) and (d):

“(c) whole plants or parts of plants for planting,”.