← belizelaw.ai · Protection Of New Plant Varieties, Cap. 255 · PART I — Preliminary
Interpretation
Cap. 255, s. 2 · Revised Edition 2020
In this Act, unless the context otherwise requires,
“Authority of a Contracting Party” means the Authority entrusted with the implementation of the law on the protection of new varieties of plants for that Party;
“breeder” means the person who has bred or discovered and developed a variety;
“Contracting Party” means a State other than Belize or an intergovernmental organisation party to any of the following Acts of the International Convention for the Protection of New Varieties of Plants - the Act of December 2, 1961, as amended by the additional Act of November 10, 1972, the Act of October 23, 1978, and the Act of March 19, 1991;
“Convention” means the International Convention for the Protection of New Varieties of Plants of 1978 as last revised;
“Court” means the Supreme Court of Judicature established under the Supreme Court of Judicature Act, Cap. 91;
“holder” means the holder of a breeder’s right;
“Minister” means the Attorney General;
“Office” means the Office of Companies, Corporate Affairs and Intellectual Property established under section 3 of the Patents Act, Cap. 253;
“periodical” includes the Gazette, daily newspapers circulating in Belize or other publication issued by the Office;
“protected variety” means any variety that is the subject of a “Register” means the Register of Plant Breeder’s Rights in which the matters specified in section 3 of this Act are required to be recorded;
“Registrar” means the Registrar of Companies, Corporate Affairs and Intellectual Property; and “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 a breeder’s right are fully 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 the said characteristics; and
(c) considered as a unit with regard to its suitability for being propagated unchanged.
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