Plant Variety Rights Act 1987

2 Interpretation

In this Act, unless the context otherwise requires,—

applicant, in relation to any application, means the person by whom or on whose behalf that application is made

application, except in section 12, means an application for a grant

Assistant Commissioner means an Assistant Commissioner of Plant Variety Rights appointed under section 30(1)(b)

Commissioner means the Commissioner of Plant Variety Rights appointed in accordance with section 30(1)(a); and includes an Assistant Commissioner

convention party means an entity that for the time being—

(a)

is declared by an order under section 38A to be a convention party for the purposes of this Act; or

(b)

is a contracting party to the body that, on the commencement of the Plant Variety Rights Amendment Act 1999, was known as the International Union for the Protection of New Varieties of Plants (constituted under the international agreement then called the International Convention for the Protection of New Varieties of Plants)

denomination, in relation to any protected variety, or any variety that was a protected variety until the grant made in respect of it expired, means the distinguishing name or identification approved for that variety by the Commissioner under section 10(2)(a)

grant means a grant of plant variety rights under this Act

grantee means the holder of a grant; and, in relation to a protected variety, means the holder of a grant in respect of that variety

Journal means the Plant Variety Rights Journal required to be published by section 34(1)

Minister means the Minister of the Crown for the time being responsible for the administration of this Act

Ministry means the department of State for the time being responsible for the administration of this Act

Office means the Plant Variety Rights Office established under section 28(1)

owner, in relation to any variety, means a person who bred or discovered that variety, and includes a successor of that person

plant

(a)

includes a fungus; but

(b)

does not include an alga or a bacterium

protected variety means a variety in respect of which a grant is in force

publication means public notification; and includes publication in the Journal

reproductive material, in relation to any variety, means any portion of a plant of that variety by means of which plants of that variety may be reproduced or propagated; and includes spores, seeds, and whole plants

sale includes any disposition for valuable consideration and any offer for sale; and sell and sold have corresponding meanings

Secretary means the chief executive of the Ministry

variety means a cultivar, or cultivated variety, of a plant, and includes any clone, hybrid, stock, or line, of a plant; but does not include a botanical variety of a plant.

Compare: 1973 No 37 s 2

Section 2 convention party: inserted, on 14 October 1999, by section 2(2) of the Plant Variety Rights Amendment Act 1999 (1999 No 122).

Section 2 Director-General: repealed, on 1 August 1990, by section 2(1) of the Plant Variety Rights Amendment Act 1990 (1990 No 82).

Section 2 international agreement: repealed, on 14 October 1999, by section 2(2) of the Plant Variety Rights Amendment Act 1999 (1999 No 122).

Section 2 Minister: substituted, on 1 August 1990, by section 2(1) of the Plant Variety Rights Amendment Act 1990 (1990 No 82).

Section 2 Ministry: substituted, on 1 August 1990, by section 2(1) of the Plant Variety Rights Amendment Act 1990 (1990 No 82).

Section 2 plant: substituted, on 1 July 1994, by section 2(1) of the Plant Variety Rights Amendment Act 1994 (1994 No 52).

Section 2 Secretary: inserted, on 1 August 1990, by section 2(1) of the Plant Variety Rights Amendment Act 1990 (1990 No 82).

Section 2 UPOV country: repealed, on 14 October 1999, by section 2(2) of the Plant Variety Rights Amendment Act 1999 (1999 No 122).

Section 2 variety: substituted, on 1 July 1994, by section 2(2) of the Plant Variety Rights Amendment Act 1994 (1994 No 52).