Plant Varieties (Proprietary Rights) (Amendment) Act, 1998.

In section 1 a new definition of "variety" is inserted: "variety":" a plant grouping within a single botanical taxon of the lowest known rank, which grouping, irrespective of whether or not the conditions for the grant of a plant breeder's right are fully met, may 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 in relation to the suitability of the plant grouping concerned remaining unchanged following the propagation". Section 2 concerns the declaration of "convention countries". Section 4 concerns the definition of "plant breeders' right" for purposes of this Act. Section 5 specifies conditions regarding grant of plant breeders' right, whereas section 6 assigns priority among applicants for a plant breeders' right. Other sections here amended, provide, inter alia, for: revocation of grants by Controller (sect. 11), naming of protected plant varieties (sect. 12), offences (sect. 23), and fees (sect. 25).