Part I

Plant Varieties

Preliminary

Plant breeders’ rights.
1
1
Rights, to be known as plant breeders’ rights, may be granted in accordance with this Part of this Act.
2
Plant breeders’ rights may subsist in varieties of all plant genera and species.
3
For the purposes of this Act, “variety” means a plant grouping within a single botanical taxon of the lowest known rank, which grouping, irrespective of whether the conditions for the grant of plant breeders’ rights (which are laid down in section 4 below) are met, can 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 with regard to its suitability for being propagated unchanged.