PLANT VARIETY PROTECTION ACT, 2021

Section 57: Interpretation.

2021Section 57 of 58Federal Republic of Nigeria

In this Act:
"agent", in relation to an applicant or a holder of plant breeder's right, means a person who is duly authorised by the applicant or holder to act on behalf of the applicant or holder;
"applicant" means the breeder entitled to file an application for the grant of a breeder's right in accordance with the definition of breeder provided for in this Act;
"breeder" means a:
(a) person who bred or discovered and developed a variety;
(b) person who is the employer of the person who bred or discovered and developed, a variety or who has commissioned the latter's work; or
(c) a successor-in-title of a person mentioned in paragraph (a) or (b);
"breeder's right" means the right of the breeder provided for in this Act;
"business hours" means 9 am-3 pm Mondays-Fridays, excluding public holidays;
"Council" means the National Agricultural Seed Council (NASC);
"Director-General" means the Director-General of National Agricultural Seed Council;
"Fund" means the Fund established under section 45 of this Act;
"Gazette" means the Federal Government Gazette;
"Minister" means the Minister responsible for agriculture;
"Ministry" means the Ministry responsible for agriculture;
"register" means the register of plant breeders' rights kept under section 6 of this Act;
"Registrar" means the Registrar of plant breeders' rights appointed in accordance with section 4 of this Act;
"propagating material" means a plant or part of the plant used to multiply the plant;
"sell" means to offer, advertise, keep, expose, transmit, convey, deliver or:
(a) prepare for sale, exchange, dispose of for any consideration; or
(b) transmit, convey or deliver in pursuance of the sale;
"UPOV" means Union Internationale Pour la Protection des Obtentions Vegetates;
"variety" means a plant grouping within a single botanical tax of the lowest known rank, which grouping, irrespective of whether the conditions for the grant of a breeder's right are fully met, can 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 the said characteristics; and
(c) considered as a unit with regard to its suitability for being propagated unchanged.

Cite this section

Section 57, PLANT VARIETY PROTECTION ACT, 2021 (2021).

https://repo.podus.ai/laws/plant-variety-protection-act-2021/section/57/