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(1)The conditions which must be met in relation to an application for the grant of plant breeders’ rights are—
(a)that the variety to which the application relates is a qualifying variety, and
(b)that the person by whom the application is made is the person entitled to the grant of plant breeders’ rights in respect of the variety to which it relates.
(2)For the purposes of subsection (1) above, a variety is a qualifying variety if it is—
and Part I of Schedule 2 to this Act has effect for the purpose of determining whether these criteria are met.
(3)Subject to subsections (4) and (5) below, the person entitled to the grant of plant breeders’ rights in respect of a variety is the person who breeds it, or discovers and develops it, or his successor in title.
(4)If a person breeds a variety, or discovers and develops it, in the course of his employment, then, subject to agreement to the contrary, his employer, or his employer’s successor in title, is the person entitled to the grant of plant breeders’ rights in respect of it.
(5)Part II of Schedule 2 to this Act shall have effect as respects priorities between two or more persons who have independently bred, or discovered and developed, a variety.
(6)In this section and Schedule 2 to this Act, references to the discovery of a variety are to the discovery of a variety, whether growing in the wild or occurring as a genetic variant, whether artificially induced or not.
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