Plant Variety Rights Act 1987 (No. 5 of 1987).

Subject

Cultivated plants

Keyword

Institution Plant production Breeders' rights/farmers' rights Plant variety Authorization/permit Legal proceedings/administrative proceedings Basic legislation Intellectual property rights/patents

Geographical area

Asia and the Pacific, Australia and New Zealand, Oceania, South Pacific

Abstract

This Act provides for the application for and granting of plant variety rights, as well as for the institution of a Plant Variety Rights Office. "Plant" is defined as including an alga, bacterium and a fungus, whereas "plant variety" is defined as a cultivar or cultivated variety of a plant to which this Act applies and includes any hybrid, clone, stock or line of such plant, but does not include a botanical variety of such a plant (see amendment of 1994 for changes to these definitions) Applications are made to the Commissioner of Plant Variety Rights who shall make a grant if the applicant has supplied all reproductive material of the variety concerned and if the Commissioner (a) has approved the denomination proposed by the applicant; (b) is satisfied that the applicant is the owner of the variety; (c) has received the prescribed fee; (d) is satisfied that the variety is new, distinct, homogeneous and stable (sect. 10). Plant variety rights confer the power to (a) produce for sale and sell; (b) propagate the variety for commercial production of fruit and flowers. All persons are allowed to make non-commercial use of plant varieties. Appeals to decisions by the Commissioner may be made within 28 days to the District Court. A Plant Varieties Office, headed by the Commissioner of Plant Variety Rights may be appointed by the Director-General of Agriculture and Fisheries and it shall issue a Plant Variety Rights Journal as circumstances require. The business of this Office as well as several other matters shall be regulated by Order in Council (regulation).

Full text

English

Website

rangi.knowledge-basket.co.nz; http

References - Legislation

Implemented by

Plant Variety Rights Regulations, 1988.

Legislation | New Zealand | 1988 (2007)

Keyword: Plant production, Breeders' rights/farmers' rights, Plant variety, Authorization/permit, Legal proceedings/administrative proceedings, Intellectual property rights/patents

Source: FAO, FAOLEX

Amended by

Plant Variety Rights Amendment Act (No. 141 of 1996).

Legislation | New Zealand | 1996

Keyword: Plant production, Plant variety

Source: FAO, FAOLEX

Plant Variety Rights Amendment Act (No. 52 of 1994).

Legislation | New Zealand | 1994

Keyword: Plant production, Breeders' rights/farmers' rights, Plant variety, Intellectual property rights/patents

Source: FAO, FAOLEX

Plant Variety Rights Amendment Act 1999 (No. 122 of 1999).

Legislation | New Zealand | 1999

Keyword: Plant production, Plant variety, Breeders' rights/farmers' rights, Intellectual property rights/patents

Source: FAO, FAOLEX