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Plant Variety Rights (Grantee's Rights) Order 1997, New Zealand

Latest Version in WIPO Lex
Details Details Year of Version 1997 Dates Entry into force: January 15, 1998 Adopted: December 15, 1997 Type of Text Implementing Rules/Regulations Subject Matter Plant Variety Protection Notes The notification by New Zealand to the WTO under article 63.2 of TRIPS states:
'This Order replaces the 1988 Order. It adds a new category to clause 2, namely 'Vegetatively propagated vegetable-producing plants'. Further detail is provided in the Explanatory Note to the Order.'

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Main Text(s) Related Text(s)
Main text(s) Main text(s) English Plant Variety Rights (Grantee's Rights) Order 1997        




At Wellington this 15th day of December 1997


His Excellency the Governor-General in Council

Pursuant to section 17 (1) (b) of the Plant Variety Rights Act 1987, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following order.


1. Title and commencement-(1) This order may be cited as the Plant Variety Rights (Grantees' Rights) Order 1997.

(2) This order comes into force on the 28th day after the date of its notification in the Gazette.

2. Exclusive right to propagate for commercial production-Plants of the following types are specified for the purposes of section 17 (1) (b) of the Plant Variety Rights Act 1987:

(a) Vegetatively propagated fruit-producing plants:

(b) Vegetatively propagated ornamental plants:

(c) Vegetatively propagated vegetable-producing plants.

3. Consequential revocation-The Plant Variety Rights (Grantees' Rights) Order 1988 is revoked.


Clerk of the Executive Council.


This note is not part of the order, but is intended to indicate its general effect.

Section 17 (1) (b) of the Plant Variety Rights Act 1987 gives the holder of a grant of plant variety rights in respect of any variety exclusive rights to propagate the variety for commercial production only if it is a variety of a type specified by order in Council for the purpose.

This order, which comes into force 28 days after notification in the Gazette, replaces the Plant Variety Rights (Grantees' Rights) Order 1988 (which specified vegetatively propagated fruit-producing plants, and vegetatively propagated ornamental plants), and specifies vegetatively propagated fruit-producing plants, vegetatively propagated ornamental plants, and vegetatively propagated vegetable-producing plants.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 18 December 1997.

This order is administered in the Ministry of Commerce.

Wellington, New Zealand: Published under the authority of the New Zealand Government-1997

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WIPO Lex No. NZ065