Section 2

subject to paragraph (b), a person who bred, or discovered and developed, the plant variety;

if the plant variety was bred, or discovered and developed, by a person in the course of performing his duties or functions as an employee of another person, that other person; or

the successor in title to the person in paragraph (a) or (b), as the case may be;

“Convention” means the international agreement called the

International Convention for the Protection of New Varieties of

Plants of 2nd December 1961, as revised or amended from time to time;

“Court” means the High Court;

“denomination” means the distinguishing name or identification for a plant variety;

Plant Varieties Protection 10

“grant of protection” means a grant of protection made by the

Registrar under section 20;

“grantee” means the holder of a grant of protection;

(deleted by S 5/2020);

“plant” includes all fungi and algae but does not include bacteria, bacteroids, mycoplasmas, viruses, viroids and bacteriophages;

“procedural representative”, in relation to any plant variety, means a person who is resident or has an office in Brunei Darussalam and who is appointed by the breeder of that variety to act on his behalf in respect of the making of any application for, or any proceedings relating to, a grant of protection for that variety;

“propagating material”, in relation to a plant of a particular plant variety, means any part or product from which, whether alone or in combination with other parts or products of that plant, another plant with the same characteristics can be produced;

“propagation”, in relation to a plant or any of its components, means the growth, culture or multiplication of that plant or component;

“protected variety” means a plant variety in respect of which complies with the conditions of protection by virtue of sections 21

and 35;

“register” means the register of plant varieties maintained under section 38;

“Registrar” means the Registrar of Plant Varieties referred to in section 5;

“Registry” means the Registry of Plant Varieties referred to in section 7;

“term”, in relation to a grant of protection, means the term of the grant of protection under section 23;

“UPOV member” means a state or an intergovernmental party to the

Convention which is a member of the International Union for the

Protection of New Varieties of Plants constituted pursuant to the

Convention;

Plant Varieties Protection

B.L.R.O. 9/2022 11

“variety” means a plant grouping within single botanical taxon of the lowest known rank, which grouping, irrespective of whether the conditions for the grant of breeder’s right are fully met, can be —

defined by the expression of the characteristics resulting from a given genotype or combination of genotypes;

distinguished from any other plant grouping by the expression of at least one said characteristics; and

considered as a unit with regard to its suitability for being propagated unchanged.