Plant Breeder 50 Rights
[No. 18 of2007
24. Any person may inspect an application or any objection
lodged, at any reasonable time and shall, upon payment of a
prescribed fee, be given a copy of the application or of the objection
by the Registrar.
25. (I) The Institute may carry out a trial(a) for the purpose of determining whether any plant variety
is distinct, uniform or stable; and
(b) for the purpose of determining whether the variety will, if
grown in Zambia, exhibit the claimed distinctiveness,
uniformity and stability.
(2) The Institute may, for purposes of sub- section (1), require
the applicant to supply sufficient seed or propagating material of
the variety, as the case requires, and with any necessary information,
to enable the variety to be test grown for the purpose so specified.
(3) After the completion of the trials on a plant variety, any
plant or propagating material of any plant used in, or resulting from,
the trials that are capable of being transported shall be removed by
the applicant.
(4) The Institute shaU protect any genetic material of a new
variety under testing so as to prevent its use for any non·research
purposes.
26. (I) The Institute shall determine the quantity of seed or
planting material that should be made available by an applicant for
any trial or testing.
(2) The Institute shall arrange to get statisticaUy any valid trials
conducted to evaluate the suitability of any variety for national
release.
(3) The assessment criteria for any trial or evaluation for
suitability shaIl include important economic, physiological, ecological
and nutritive quality attributes.
(4) The fees with respect to a plant breeder's rights shall be
fixed on the basis of the administrative and examination costs
incurred.
(5) Where the Institute determines that a plant variety is
genetically modified, the Institute shall refer the variety to the
National Biosafety Authority and the provisions of the Biosafety
Act, 2007, shall apply to the variety.
27. For the purpose of this Act, where a plant variety in respect
of which an application is made originates from outside Zambia,
the variety shall not be taken to have a particular characteristic
unless-
255
Inspection
of
application
and
objection
Plant variety
trials
Unj.formity
testmg and
assessment
procedures
Act No. 10
of2007
Characteristics
of plant
vanetles
originatinS
from outslde
Zambia