Novelty

(1) Subject to subsection (2) of this section, a variety shall be new if the propagating or harvested material of the variety has not been sold or otherwise disposed of to others with the authorisation of the plant breeder or his successor in title, (a) in Belize, for longer than one year before the date on which protection is applied for under this Act; and (b) outside Belize, for longer than six years in the case of trees or vines or longer than four years in the case of other plants, before the effective filing date in Belize. (2) It shall not be considered detrimental to the novelty of a variety if the propagating or harvested material of that variety has been sold or otherwise disposed of to others in Belize with the authorization of its breeder or his successor in title for up to four years prior to the inclusion of the genus or species to which the variety belongs in the list of genera and species specified in the regulations, and for a maximum of six months after such inclusion where the application is filed within that six month period.