In this Act, unless the context indicates otherwise—

"advertise"

means to distribute to members of the public or to bring to their notice in any manner whatsoever any written, illustrated, visual or other descriptive material, oral statement, communication, representation or reference with the intention to promote the sale of any plants or any propagating material of a variety referred to in section 2 or to encourage the use thereof or to draw attention to the nature, properties, advantages or uses thereof or to the manner in which or the conditions on which it may be purchased or otherwise be acquired;

[Definition substituted by section 1(a) of Act No. 15 of 1996]

"agent"

means a person, resident in the Republic, who has been duly authorized by an applicant, breeder or holder to act on his behalf in connection with any matter regarding this Act, who is for such purpose recognized by the registrar in the prescribed manner if he complies with the prescribed requirements and in respect of whom the registrar has not been notified in the prescribed manner that such authorization has been terminated;

[Definition substituted by section 1(a) of Act No. 5 of 1990]

"agreement country"

means a country, including any colony, protectorate or territory subject to the authority or under the suzerainty of any other country and any territory over which a mandate or trusteeship is exercised, which the State President by proclamation in the Gazette declares to be an agreement country with a view to the fulfillment of a bilateral agreement concerning plant breeders' rights between the Republic and such country;

"applicant"

means a person referred to in section 6 who applies in terms of section 7 for a plant breeders' right;

[Definition substituted by section 1(b) of Act No. 5 of 1980]

"board"

means the board referred to in section 42;

"breeder"

in relation to a variety referred to in section 2, means—

[Definition substituted by section 1(b) of Act No. 15 of 1996]

"convention country"

means a country, including any colony, protectorate or territory subject to the authority or under the suzerainty of any other country and any territory over which a mandate or trusteeship is exercised, which has signed and ratified, accepted or approved or has acceded to the International Convention for the Protection of New Varieties of Plants;

[Definition substituted by section 1(c) of Act No. 5 of 1980]

"denomination"

in relation to a variety in respect of which a plant breeder's right has been granted, means the generic name for the variety;

[Definition substituted by section 1(c) of Act No. 15 of 1996]

"department"

means the Department of Agriculture;

[Definition substituted by section 1(a) of Act No. 38 of 1983]

"essential characteristics"

means the essential characteristics of a variety of a plant as expressed by means of a test or trial or any other acknowledged means of determining the characteristics of a variety of a plant;

[Definition inserted by section 1(d) of Act No. 15 of 1996]

"holder"

in relation to a plant breeder's right, means the person to whom such a right has been granted in terms of section 20, or who, according to an entry in the register, is the owner of such a right;

"kind of plant"

means all related genera, species and subspecies of a plant which are known by the same common name;

"mark"

means a mark as defined in section 2 of the Trade Marks Act, 1963 (Act No. 62 of 1963);

"Minister"

means the Minister of Agriculture;

[Definition substituted by section 1(a) of Act No. 38 of 1983]

"new variety"

[Definition deleted by section 1(e) of Act No. 15 of 1996]

"officer"

means an officer or an employee as defined in section 1 of the Public Service Act, 1957 (Act No.54 of 1957);

[Definition substituted by section 1(c) of Act No. 38 of 1983]

"plant"

includes any part of a plant;

[Definition substituted by section 1(f) of Act No. 15 of 1996]

"plant breeder's right"

means a plant breeder's right granted in terms of section 20;

"prescribed"

means prescribed by regulation;

"propagating material"

means any material of a plant that can be used for the propagation of a plant;

[Definition substituted by section 1(g) of Act No. 15 of 1996]

"protected variety"

means a variety of a plant in respect of which a plant breeder's right has been granted;

[Definition substituted by section 1(h) of Act No. 15 of 1996]

"register"

means the register kept in terms of section 4;

"registrar"

means the officer designated as Registrar of Plant Breeders' Rights in terms of section 3;

[Definition substituted by section 1(d) of Act No. 38 of 1983]

"regulation"

means a regulation made under this Act;

"sell"

includes agree to sell, or to offer, advertise, keep, expose, transmit, send, convey or deliver for sale, or to exchange or to dispose of to any person in any manner for a consideration; and 'sold' and 'sale' have corresponding meanings;

"this Act"

includes the regulations;

"variety"

means any plant grouping within a single botanical taxon of the lowest known classification, which grouping, irrespective of whether or not the conditions for the grant of a plant breeder's right are fully met, can be—

[Definition substituted by section 1(i) of Act No. 15 of 1996]