Section 19: Variety denomination.

(1) The variety shall be by a denomination which shall be its generic designation.
(2) Subject to subsection (6), the rights in the designation registered as the denomination of the variety shall not hamper the free use of the denomination in connection with the variety even after the expiration of the breeder's right.
(3) The denomination:
(a) shall enable the variety to be identified;
(b) shall not mislead or cause confusion concerning the characteristics, value or identity of the variety or the identity of the breeder;
(c) shall be different from every denomination which designates, in the territory of any member of an international organisation dealing with plant breeders' rights matters to which Nigeria is a party, an existing variety of the same plant species or of a closely related species; and
(d) may not consist solely of figures except where this is an established practice for designating varieties.
(4) The denomination of the variety shall be submitted by the applicant to the Registrar and where the Registrar finds that the denomination does not satisfy the requirements of this section, he shall:
(a) refuse to register it; and
(b) direct the applicant to propose another denomination within the period to be prescribed in the Regulations made under this Act.
(5) The Registrar shall register the denomination at the time the breeder's right is granted.
(6) Prior rights of third persons shall not be affected and where, by reason of a prior right, the use of the denomination of a variety is forbidden to a person who, in accordance with the provisions of subsection (10), is obliged to use it, the Registrar shall direct the applicant to submit
another denomination for the variety.
(7) Where the variety is already protected by, a member of an international organisation dealing with the plant breeders' rights matters to which Nigeria is a party or an application for the protection of the same variety is filed in a member of such organisation, the variety denomination which has been proposed or registered in that other member of the organisation shall be submitted by the applicant to the Registrar.
(8) The Registrar shall:
(a) register the denomination submitted, unless he considers the denomination unsuitable within Nigeria; and
(b) direct the applicant to submit another denomination where the denomination is unsuitable.
(9) The Registrar shall in writing, inform the authorities of the members of UPOV on matters concerning variety denominations, in particular the submission, registration and cancellation of the denominations.
(10) Any person who, within Nigeria, offers for sale or markets propagating material of a variety protected within the said territory shall be obliged to use the denomination of that variety, even after the expiration of the breeder's right of that variety, except where prior rights prevent the use.
(11) When a variety is offered for sale or marketed, it shall be permitted to associate a trademark, trade name or other similar indication with a registered variety denomination and where such an indication is so associated, the denomination shall nevertheless be easily recognisable.