Plant Breeders Rights Act [Chapter 18:16].

This Act concerns the protection of plant breeders' rights in Zimbabwe. Subject to the provisions sections 3, 34 (foreign applications) and 48 (plant breeders’ rights granted in respect of existing varieties) the provisions of this Act, shall apply only in respect of a plant which has its origin in Zimbabwe and which is a new variety in that before the date of application it was not available to the public in trade or otherwise; and before the date of application it was not generally known, and (a)it is distinct by at least one characteristic from any other variety the existence of which is a matter of common knowledge at the date of application; and (b) it is uniform; and (c) it is stable. Subject to sections thirty-four and forty-eight, plant breeders’ rights shall only be granted in respect of new varieties of a prescribed kind. For the purposes of paragraphs (b) and (c) of sub-section (1), general or common knowledge may be established by reference to plant varieties which are: already in cultivation or accepted for commercial purposes; or included in any commercial or botanical reference collection; or described precisely in any magazine, journal or other publication. The Minister shall appoint a Registrar of Plant Breeders Rights, who shall exercise such functions, powers and duties as are conferred or imposed on the Registrar by this Act and such examiners and other officers as the Minister deems necessary. The Registrar shall cause to be kept a Register of Plant Breeders Rights, in which shall be entered the information set out in section 5.