WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual J>roperty Rights IJ>!r4/1/Z~E/J>/2 
3 September 2002 
(02-4666) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL J>ROJ>ERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
ZIMBABWE 
The present document reproduces the texe of the Plant Breeders Rights Amendment Act, 
2001, as notified by Zimbabwe under Article 63.2 of the Agreement (see document IPINllIZWE/2). 
ConseU des aspects des droits de propriete 
inteUectueUe qui touchent au commerce 
J>RINCIJ>ALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
J>ROJ>RIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
ZIMBABWE 
Le present document contient le texte1 de la Loi de 2001 portant modification de la Loi sur les 
droits d'obtenteur, notifie par le Zimbabwe au titre de l'article 63:2 de l'Accord (voir le document 
IPINllIZWE/2). 
Omsejo de Jos Aspectos de los Derechos de J>mpiedad 
Intelectmd relacionados con el Comercio 
J>RINCIJ> ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
J>ROJ>IEDAD INTELECTUAL NOTIFICADOS EN vmTUD 
DEL J> A.RRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
ZIMBABWE 
En el presente documento se reproduce el textoJ de la Ley de Enmienda de Derechos de 10s 
Obtentores, de 2001, notificado por Zimbabwe de conformidad con 10 dispuesto en el parrafo 2 del 
articulo 63 del Acuerdo (vease el documento IPINllIZWEI2). 
1 In English only.!En anglais seulement.!En ingles solamente. IPINIlIZWEiP/2 
Page 2 
ZIMBABWE 
eT 
To amend the Plant Breeders Rights Act [Chapter 18. 6] and section 23 of 
the Seeds Act [Chapter 19:13]. 
ENACTED by the President ahd the Parliament of Zimbabwe.· 
1 Short title 
This Act may be cited as the Plant Breeders Rights Amendment Act, 2001. 
:2 ·Amendmenfof section :2 of Cap. 18':16 
Section 2 of the Plant Breeders Rights Act [Chapter 18: 16] (hereinafter called "the 
principal Act") is amended-
(a) by the insertion of the following definitions-
" "approved" ,in relation to the name of a plant, means approved by the 
Registrar in terms of section nine; 
"Convention" means the InternatiQnal Union for the Protection of New . " 
Varieties of Plants, signed at Paris, France, on the 2nd December, 
1961, and includes the.revisions made in Geneva, Switzerland, on 
the 10th November, 1972, on the 23rd October, 1978, and on the 
19th March, 1991;"; 
(b) in the definition Qf "date of application" by the deletion of "subsection (5)" 
and the substitution of "subsection (4) or (5), as the case may be,~'; 
(c) .. by the insertion of the following definition-
" "farmer" means a person who normally derives his so le or principal means 
oflivelihoodfrom agriculture carried on by him in Zimbabwe;"; IPINIlIZWE/P/2 
Page 3 
(d) in the definition of "foreign application" by the deletion of "section thirty­
two" arid the substituti9n of "section seven"; 
(e) in the definition of "new variety" by the d~ktion of­
(i) "plant" and the substitution of "variety of plane'; 
(ii) "subsection (l)" and the substitution of "subsection (2)"; 
(f) by the insertion of the following deflnition-
" "plant" includes a fungus;"; 
(g) in the definition of "plant concerned';' ,by the deletion of "or foreign applica­
tion, as the case maybe,"; 
(h) by the insertion of the followingdefinition-. 
" "reciprocating country" means-
. (a) any State which is a party to'theConvention or any ol~er treaty 
to which Zimbabwe is also a party and which provides for the 
protection of rightsinplant varieties; or 
Cb) any State which is not a party to the Conventiorr or to a treaty 
referred to in paragraph (a) butwhich, in the Registrar's opin­
ion, effectively protects rights in plant vmieties held by-. 
(i) individuals who are Citizens or residents of Zimbabwe; 
or 
(ii) companies or bodies corporate which catTy on business 
il} Zim?abwe or have their principal offi~es there;"; 
(i) by the repeal of the definition of "stable"and the substitution of--
" "stable", in ~elation to a ~'ariety, ~eans stable in the sense that its relevant 
characteristics remains unchanged after repeated propagation or; in 
the case of a particular cycle of propagation, at the end of ea~h sqch 
cycle;". 
3 Repeal of section 3 of Cap_ 18: 16 
Section 3 of the principal Act is repealed. 
4 New Part inserted in Cap. 18:16 
The principal Act is amended by the insertion after Part I of the following Part-· 
'''PART 
ApPLICATION OF ACT 
3 Plants in respeCt of which plantbreeders rights may be granted 
(1) The Registrar shall not grant plant breeders rights under this 
ACt in respect of any plant unless it is a new variety of uprescribed kind: 
. (2) A plant shall be regarded as a new variety for the purposes of 
subse,ction (l) if-
(a) it was not offered for sale or marketed:"""'" 
(i) in Zi~babwe prior to the date of application; or IPINIl/ZWE/P/2 
Page 4 
(h) in any other country in respect 6f-
and, A. trees and grapevines, for longer than six years 
before the date of applicafion; or 
B. any other plant, for longer tl1an four years before 
the date of application; 
Cb) it i's distinct from any other variety the existence of which is a 
matter of common JrJ10W ledge at the date of application; and 
(c) it is sufficiently unifomlin its relevant characteristics, subject 
'to the variation that can be expected from the particu lar fea­
tures of its propagation; and 
(cl) it.is stable. 
(3) For the purposes of paragraph (b) of subsection (2)­
(a) the filing of an application in ~ foreign country for-
(i) the granting of rights equivalent to plant breeders lights 
/for a variety; or 
(ii) the entering of a variety in an official register of varieties; 
shall ,be deenied to rerider that variety a matter of common 
knowledge from the date of the application, if the application 
. leads to the granting of such rights or the 'entering of the vari­
ety in the official register, as the case may be; 
Cb) common knowledge of a variety shall ,be presumed jf the 
variety 
(I) already in cultivation or accepted for commercial 
purposes;, or 
(ii) included in an)' commercial or, botanical reference 
collection' or , 
(iii) described precisely in any magazine, journal or other 
publication. 
3APersonsto whom plant breeders rights may be granted 
The Registrar shaH not grant plant breeders rights to any person 
except-
Ca) the State or the government of a reciprocating country; or 
(b) an individual who is a citizen or resident of Zimbabwe or a 
, reciprocating country; or 
(c) a company or body corporate which carries on business Or has 
its principal office ii1:Zimbabwe or a reciprocating country; 
where the State or that government, ihdividual, company or body corpor'ate, 
asthe case may be, is a breeder of the new variety concerned.", 
5 Amendment ofsectlo,n 4 of Cap_ ,1 ~:16 
Section 4 of the principaLAd is amended-IPINI11ZWE/P/2 
Page 5 
(a) by the deletion of "Subject to the laws relating to the Public Service, the 
Minister sh~ll appoint" and the substitution of "Subject to the Public Se'rvice 
Act [Chapter 16:04], there shall be"; , 
(b) ,in paragraph Cb) by the deletion of "the Minister considers" and the substitu­
tion of "mav be" .- , ' 
6 New sedii::msubstituted for sectionS of Cap. 18:16 
Section 6 of the principal Act is repealed and the fonowing is substituted-, 
'''6 Pe.rsons entitled to make application for plant breeders rights 
(1) , Subject to subsection (2), an application for the grant of plant 
breeders rights in respect of a new variety' may be made by or on behalf of 
any of the following persons--
(a), a breeder of the new variety or his assignee~ or 
Cb) the Minister, where the State isthe breeder of the new variety 
or the breeder's assignee; or 
(c) the competent authority according to the laws of the country 
concerned, where the government of a reciprocating country 
is the breeder of the new variety or the breeder's assignee; 
and npy be made by that person alone or j,ointly with anyone else who is a 
breeder of the new variety or his assignee. 
(2) An application for the grant of plant breeders rights shall be 
made only by a person to whorn the rights may be granted in terms of section 
three A.". 
7 Amendmeni of section 7 of Cap. 18:16 
Section 7 Of the principal Act is amended by the repeal of subsections (3), (4) and (5) 
and the substitution of-
"(3) An application in terms of subsection (1) shan be lodged with the Registrar 
and-, 
(a) shall indicate the origins of the plant concerned and give the fun name of 
the breeder; and . 
(b) where the applicant or one of the applicants i~ not the breeder of the plant 
concerned, shall contain a declaration thaf the applicant believes the 
person named as the breeder to be the breeder of the plant concerned; and 
(c) shall specify any foreign country wher~ an application for the grant of 
rights similar to plant breeders rights has been or is being made and, in 
. relation to any .such ,application,shaU specify-
(i) .. its number or title; and 
(ii) its effective date. 
(4) Subject to subsection (5), the effective date of an application in terms of 
subsection (1) shall be'the date on which .the applica~ion is received by the'Registrar. IPINIlIZWE/P/2 
Page 6 
(5) Where the person by or on whose behalf an application is made in terms of 
subsection (1) has filed an earlier application for rights in regard to the plant concerned 
in a State which is a party to the Convention, the effective date of his application in 
terms of subsection (1) shallbe deemed to be the date on which that earlier application 
was filed or, where he has filed two or more suth eariierapplicgtions, the date on which 
the earliest one was filed: ' 
Provided that he shan not be entitled to the'benefits' of this subsection unless, in 
bis application in terms of subsection (1), he claims the priority of his earlier application 
and, within three months after lodging his application with, the Registrar in terms of 
subsec;tion( 1), submits to the RegistrarS. copy of the docurnents which constituted the 
earlier application, certified to be a true copy by the authority with, which the earlier 
application was filed. ",. 
8 Amendment of section 901 Cap. 18:16 
Section9 of the principal Act is amended by the repeal of subsections Cl} and (3) and 
the substitution of the following subsections-
"(2) The Registrar may at any time before the gran't of plant breeders rights, 
after considering any representations made by the applicant or an objector, reject any 
name proposed in terms of subsection (1) if, in the Registrar's opinion, the name pro­
posed doesnot satisfy the requirements of subsection (3) or (4). ' 
(3) The name proposed in terms of sUQsection (1) shall be the generic name 
of the plant concerned and may consist of any word, combination of words, combina­
tion of words and figures or combination of letters and figures, with or without any 
meaning: 
Provided that-
. (i) whatever combination is used, the name shall allow the plant 
concerned to be identified; and 
Cii) the name shall not affect the existing rights of any third party. 
(4) When:; a name proposed in terms of subsection (1) has already been used 
for the plant concerned in Zimbabwe orina State which is a party to the Convention, or 
is proposed or registered in such a State, the Registrar shall approve only that name. 
(5) An appeal shall lie from any decision of the Registrar under subsection 
(2)." . 
9 AmendmentoT section 1 0 of Cap. 18:16 
Section 10 of the principal Act is amended in subsection (1) by the repeal of para-
graph (d) and the substitution of~- ' 
"( d) the growing of the, plant concerned, or the grant of plant breeders rights in 
respect of it, would be contrary to public order or morality; or". 
10 New sections substituted for section 12 of Cap_ 18:16 
Section 12 of the principal Act is repealed and the following sections are 
su bstituted-· ' , "12 Publication of application IP!N/I/ZWE/P/2 
Page 7 
(1) If, on consideration of an application in terms of section seven, 
it appears to the Registrar that the plant concerned is a new variety of a 
prescribed kind and the applicant is entitled to apply for plant breeders rights 
in respect of it, the Registrar shall publish a: notice in the Gazette specifying 
the following particulars in relation to the application- . 
(~) . the name of the applicant; and 
(b) the date of the application; . and 
(c) the proposed name of the plant concerned; and 
(d) such particulars relating to the application and the plant 
concerned as may be prescribed or as the Registrar thinks 
appropriate. 
(2) An appeal shall lie from any decision of the Registrar under 
subsection (1). 
~ 2A Rights of applicant for plant breeders rights 
(1) Subject to subsection (2), an applicant for plant breeders rights 
shall have the sole right to sen, reproduce and multiply reproductive mate­
rial of the plant concerned during the period from the· publica(ion of the 
notice in terms of section twelve until he is granted plant breeders rights or 
his application is refused or rejected in ternis of this Act 
,(2) After the publication of a notice in terms of section twelve and 
until the applicant is granted plant breeders rights in" respect of the plant 
concerned or his application is refused or rejected in terms of this Act-
(a:) a person may use the plant concerned as an initial source of 
variation for the purpose of creating any other new variety: 
Provided thanhis paragraph shall not apply where 
the plant concerned is repeatedly used· for the repro,duction or 
multiplication of another variety; 
(b) a person who has purchased the plant concerned, or reproduc­
tive. material, thereof, from the applicant or from a per,son 
autl:lOrist::d by the applicant may grow and resell the plant and 
any material harvested froIp. it . , 
Provided that he shall notdo so for the sole or primary 
purp9se of reproducing ·o~ muitiplying the£lant concerned; 
(c) a f~mer who .cultivates l~ss than tenhecta~'es of 1<;md may use 
the harvest from any prescribed plantfor the purpose of propa­
gating the,plant on that land, where the harvest was obtained 
I I by propagating the plant concerned on that land or by propa-
gating another plant, which is essentiaily derived from the plant 
concerned, on that land; 
, ..:. ¥ , 
(d) a fanner who deri~es at least eighty per centum of his annual 
gtoss income from farming on co.mInunalland or on resettle­
men~ land as defined in section 2 of the Rural District Coun­
cils Act [Chapter 29:1J] may-IPIN/1/ZWE/P/2 
Page 8 
(i)multiplithe seeds of any prescribed plant; and 
(ii) exchange ,with any other s,uch farffil;;I-
A. any prescribed plant which he has grown or repro­
duced on his land; ',and 
B. any seeds from a plant referred to in subparagraph 
A; 
and 
(ili) donate any pla,rI,t oIseedreferredtoin: subparagraph Oi) 
. to the State or a.statutory body orto 'any other organisation 
which the Minister has authorised to seek such a donation; 
and such conduct shall not bean infringement of the applicant's ri~hts under 
subsection (1).". 
11 Amendment of section 13 of Cap. 18:16 
Section 13 of the principal Acds amended in subsection (1) by the repeatof para­
graphs U) and (k). 
12 Amendment oj section 14 of Cap. 18:16 
Section 14 of the principal Actis amehded-
(a) in subsection (1) by th~ deletion of "section ten" and tJ:1e substitution of 
"sections three A, ten"; 
(b) in subsection (4) by the insertion ,after paragraph Cb) of the following 
paragraph-. 
"or 
(c) refusGd on the ground that the applicant is not quaJified for the grant 
of plant breeders rights in terms of section three A."." 
13 New section SUbstituted for section 15 of Cap_ '18:16 
Sectionl15 of the principal Act is repealed and the following IS'substituted­
"; 5 Cancellation of plant bree~ers rights 
(1) Subject to subsection (4), the Registrar shall declare a grant of 
plant breeders rights void.if he is satisfied-
(a) that when the rights were granted, the plant concerned was 
not a new variety in that it did not meet the criteria specified in 
paragraph (a) or (b )of subsection (2) of section three; or 
Cb) where the 'J;ights were granted on the basis of informati~n and 
doc?ments furnished by the gpplicant, that when the rights' 
were granted the plant concerned was not a new variety, in 
that it did not meet the criteria specified in paragraph (c) or (d) 
of subsection (2) of section three; or 
Cc) that the person to'whornthe rights were granted was not 
entitled to them, and the lights have not subsequently been 
transferred to the pe\son entitled to them or to his assignee. 
(2) The Registrar may make a declaration in terms of subsection 
(l)on his own motion oi' purs\lant toan,applicati<;m in terms of subsection (3). ' . , IP/N/I/ZWEIP12 
Page 9 
(3) Any person may apply to the Registrar.in the prescribed man­
ner for the making of a declaration in terms of subs{;ction (1) in regard to any 
plant breeders rights, and any such application shall be accompanied by such 
deposit as may be prescribed;. 
(4) The Registrar shall not make a declaration in terms of subsec­
tion (1) unless he has-
(a) informed the holder of the plant breeders rights concerned that 
he is considering making such a declaration anq has provided 
the holder with a written statement of his reasons for consid­
ering it; and , 
(b) given the holder of the plant breeders rights concerned a rea­
sonable opportunity to make representations in the matter. 
(5) A deposit paid with an applicatiogin terms ofsubsection (3)­
(a) shall be refunded to the applicant if the Registrar makes a declara­
tion in.terms of subsection (1) pursuant to the application; or 
(b) sh3Jl be forfeited to the State if no such declaration is made. 
(6) Within one month after making a deClaration in terms of sub..: 
section (1), ~he Registrar shall publish notice thereof in the Gazette. 
(7) An appeal shall lie fr~m al1Y decision of the Registrar under this 
section.", 
14 New sections substituted for section 17 cif Cap. 18:1.6 
Section 17 'of the principal Act is repealed and the following sections are substi­
tuted-
"17. Rights of holder of plant breeders rights " : " 
. (1) ,Subject to this se~tion, during the period specified in section 
seventeen A a holder of plant breeders rights shall be entitled to prevent 
anyone else from seIling, reproducing or multiplying reproductive material 
Qf-
(a) the plant concerned; and 
'(b) any other plant tharis essentially derived from the plant con­
cerned, as described in subsection (2), unless the plant con­
cerned is itselfessentially derived from another plant., 
(2) For the purposes of subsection (1), a plant shall be deemed to 
be essentially derived from another plant if-
(a) it is predominantly derived from­
(i) that other plant; or . 
(H) a plant that is itself predominantly derived from thato.ther 
plant; 
while retaining' the expression' of the essential characteristics 
that result from the genotype or combination of genotypes of 
thatother'plaht; and IP/NI1 IZWE/P/2 
Page 10 
Cb) it is clearly distinguishable from that other plant by one,or 
more characteristics which are capable of precise description;, 
and 
Cc) except for differences that result from the act of derivation,it 
conforms to that other plant in the expression of the essential 
characteristics th,at result from the genotype' Or combination 
of genotypes of that other plant; 
whether the plant has been derived through the selection of a mutant or vari­
ant, or through crossing, genetic engineering or any other means. 
(3) Notwithstanding that plant breeders rights subsist in relation to 
any plant-
(a) a person may use the plant as an initial sourpe of variation for 
the purpose of creating anY other new variety: 
Provided that this paragraph shall not apply where 
the plant is repeatedly used for the reproduction or multiplica~ 
tioD of another variety; , 
(b) a person who has purchased the plant, or reproquctive, mate­
riarthereof, from the holcler of plant breeders rights or from a 
person authorised by the holder may grow and resell the plant 
and any material harvested from it: 
Provided that he shall not do so for the sole or primary 
purpose of reproducing or multiRlying the plant; 
(c) . a farmer who cultivates less than ten hectares 9f land may use 
the harvest from any prescribed plant for the purpose of propa­
gating the plant on that land, where the harves(was obtained 
by propagating the planton thatland or by propagating another 
pl~lflt, which is essentially derived from thepl;mt.concerned, 
on that land; 
(d) afarmer,who derives at least eightyper centumOf hIS annual 
gross income from farming· on c0D;lillunalland or on resettle­
ment land as defined in section 2 of the Rural District Coun;,­
cils Act [Chapter 29:13] may-. 
. 0) multiply the seeds of any prescribed plant; and 
(ii) exchange with any other such farmer-
A. any prescribed pJant which.he has grown or repro­
duced on his land; and 
B. any seeds from a plant referred to insubparagraph 
A; 
and 
(iii) donate any plant or seed referred to.in subparagraph (ii) 
to the State or a statutory body orto any other organisation 
which the Minist~r has authorised t~$eeksuch a donation'; 
, " . . ;', 
imd such conduct shall not be an infringement of the holder's rights under 
subsection Cl). 17 A Duration of piant breeders rights !PIN/1/ZWE/P/2 
Page 11 
(1) Subject to this Act, the term of the plant breeders rights shall be 
tsventy years from the date on which they were granted. 
(2) If the Registrar issahsfied, on application by a holder of plant 
breeders rights, that :for reasons beyond the applicant's control the applicant 
has not been adequately remunerated by the grant of such rights, the Regis­
trar may extend the term of th,e rights for such further period, being not more 
than five years, as the Registrar considers suitable in the circumstances, which 
extension may be made ,subject to such conditions, if any, . as the Registrar 
considers to be desirable. 
(3) . An appeal shall lie from any decision of the Registrar under 
subsection (2).". 
15 Amendment of section 19 of Cap_ 18:16 
Section 19 of the principal Act is amended by the insertion after subsection (5) of the 
foHowing subsection-
"(6) Np order shall be made under s\1bsection (5) which would be at variance 
with the Convention or with any other intemational treaty or agreement to whiCh 
Zimbabwe is a party."; 
16 NewPart inserted in Cap_ 18:16 
The prinCipal Act is amended by the insertion after Part IV of the following Part~ 
"PARTIVA 
REMEDIES FOR INFRINGEMENT OF PLANT BREEDERS RIGHTS 
25A Court that may hear proceedings for infringement of plant 
breeders rights 
Proceedings for infringement of plant breeders rights may be insti-
tuted by the holder of the rights cir his assignee or licehsee-
Ca) . in the High Court; or 
(b) in the Administrative Court; or 
( c) subject to the jurisdictional limits provided for in the Magis­
trates Court Act tChapter 7:10], in a magistrates court. 
258 Provisions applicab!e to proceedings for infringement of plant 
breeders rights 
(1) Subject to any rules of court, the following provisions shall apply 
in connection with proceedings for infringement of plant breeders rights-
(a) any ground upon which the registration of the rights may be 
cancelled in terms of section fifteen may be relied upon by 
way of defence; 
Cb) . the defendant or respondent may, by way of counterclaim in 
the proceedings, apply for the cancellation of the registration 
of the fights; , IP/NI11ZWE/P/2 
Page 12 
Cc) 
(d) 
Cc) the plaintiff or applicant shall, with the documents instituting 
the proceedings or subsequently on the order of the court con­
cerned, deliver full particulars of the infringement complained 
of; 
the defendant or respondent shall, with his statement 6f defence 
. or plea or replying affidavit or subsequently on the aider of 
the courtconcerned,deliver particulars of any objections on 
which he relies; 
except with the leave qf the court concerned, at the hearing no 
evidence shall be admitted of any infringement or on any objec­
tion of which paiticulars have not been delivered in terms of 
paragraph Cc) or (d). 
(4) ~nany proceedings brought under this section by a licensee, the 
holder of the plant breeders rights concerned or his assignee shall be added 
as defendant or respondent, as the case may be, unless he is joined as plain­
tiff or applicant: 
Provided that a person so added as defendant or respondent shaH 
not be liable for any costs u.nless he takes part in the proceedings. 
(3) If the holder of plant breeders rights or his assignee is the plain­
tiff or applicant in any proceedings under this section, he sha.ll give notice bf 
the proceedings. to any licensee of the Tights .in question, and the licensee 
shall be entitled to i~tervene as a co-plaintiff or co-applicant, as the case may 
be, and to recover any damages he may have suffered as a result of thf: 
infringement: ' . 
25C Remedies available in proceedings for infringement 
(1) Subject to this Act, in proceedings for infringement of plant 
breeders rights the plaintiff or applicant shall be entitled to any appropriate 
remedy, whether damages, interdict,attachment, the rendering of account, 
the delivery of infriIlgingarticles used or intended to be used for the pur­
poses of the infringement or otherwise, that is available in respect of the 
infringement of any other proprietary right. 
(2) Damages for infringement of plant breeders rights may, at the 
option of the person seeking them, be calculated on the basis of the amount 
that a licensee wOllld r~asonably have been expected to pay'under the cir­
cumstancesforhis use 'of tl1e rights concerned: 
"Provided that, 'if the person seeking damages intends to exercise 
this option, he shall give notice of his inteptiDn, in writing, to any licensee of 
the fights concerned. 
(3) In determining the amount of damages in an aC,tion for infringe­
ment of plant breeders lights, the court concerned shall take the following 
factors into accoimt; in addition to all other material considerations-
(a) the extent and nature of the; infringement'; and 
. r . .' . 
. , (b)' the market value of the rights concerned; and IP/N/lIZWE/P/2 
Page 13 
(c) the amount which could be payable to the holder of the fights 
or his assignee in respect of the use of the rights by some other 
person; and 
(d) any dilatory conduct on the part of the holder of the rights or 
the plaintiff in making the infringer aware that the rights were .. 
.registered. . 
(4) If it is established, in proceedings for infringement of plant breed­
. ers rights, ;that an infringement was committed and the court, having regard 
to-
(a) the flagrancy of the infringement; . and 
Cb) the market value of the rights concerned; and 
(c) any benefit shown to have accrued to the person responsible 
for the infringement as a result of it; and 
(d) the need to deter persons from committing further infringe-
ments; 
is satisfied that effective relief would nototherwise be available to the plain­
tiff or applicant, the Tribunal or the cOlirt, as the case may be, shall have 
power to award such additional damages as it thinks fit. 
(5) If it is established, in proceedings for an infringement of plant 
breeders rights, that an infringement was committed but that at the time of 
the infringement the person responsible for it was not aware and had no 
reasonable grounds for suspecting that he was not entitledto engage in the 
infringing activity, the plaintiff or applicant shall not be entitled under this 
section to any damages against that person in respect of the infringement. 
250 Anton Piller orders 
(1) If a person who has instituted or intends instituting proceedings 
for an infringement of plant breeders rights satisfies a court that, priinafacie-
Ca) he has a cause of action against another person which he 
intends to pursue; and 
Cb) the other person has in his possession documents or other things 
of whatsoever nature which constitute evidence of grea~ 
importance in substantiation of that cause of action; and 
Cc) there is a real and well-founded apprehension that the docu­
ments or other things may be hidden, destroyed or rendered 
inaccessible before discovery can be made in the usual way; 
the court may make such order as it considers necessary or appropriate to 
secure the preservation of the documents or things as evidence. 
(2) An order in terms of subsection (1) may be granted without 
notice to theperson whoisalleg~dly in pos'session of the documents or other 
things to which the order relates, and the court may sit in camera for the 
purpose of hearing an application for such an order: 
Provided that the court shall not grant an order without such notice 
unless it is satisfied that there is a real possibility that the documents or 
things will be hidden, destroyed or rendered inaccessible if notice is given. IP!N1l IZWE/P 12 
Page 14 
(3) An order in terms of subsection (1) may be granted on such 
conditions, induding the giving of security by the applicant, as the court 
may fix. 
(4) This section shall not be taken to limit any power a court may 
have under its ordinary jurisdiction to grant orders such as are referred to in 
.this section .. 
25E Remedy for groundless threats of infringement proceedings 
(1) Where any person, whether or not he is entitled to .or interested 
in any plant breeders rights or all application for the 'registration of any suc):l 
rights; threatens another person with proceedings for'infringement of plant 
breeders rights, anyone wh? is aggrieved by the threat may bring proceed­
ings against him in a comt of competent jurisdiction for the reliefreferred to 
in subsection (2). 
(2) In proceedings brought by virtue of subsection (1), the plaintiff 
or applicant shall be entitled to anyone onnore of the following remedies-· 
(a) 'a declaration to the effectthatthe threats are unjustifiable; 
(b) an interdict against any continuation of the threats; 
(c) such damages, if any, as he has sustained in consequence of 
, the threats ; 
unless the defendant or respondent proves t:hat the ads in respect of which 
he threatened proceedings constitute or, if done,: would constitute, an in-
I . . 
fringement of any .registered plant breeders lights, the registration of which 
is not shdwnby the plaintiff or applicant to be invalid. 
(3) The defendant or respondent in any proceedings bronght in terms 
of subse'c)tion (1) may counter-claim for any .relief to which he would be 
entitled in separate proceedings in respeCt of any infringement by the plain~ 
tiffor applicant of the plant breeders rights to which the threats relate. 
(4)-For the avoidance of doubt, it is declared that a mere notifica­
tion that plant breeders rights are registered. does not constitute a threat of 
proceedings within the meaning of subsection (1).". 
17 Repeal of section 32 of Cap. 18;16 
Section 32 of the principal Act is repealed. 
18 Repeal of section 34 of Cap. 18:16 
Section 34 of the principalAct is repealed. 
19 .New section inserted in Cap. 18:16 
The principal Act is amended by the insertion after section 37 of the fQllowing 
section-
"37 A Use of approved. name 
(1) Where the approved name of any plant­
(a) is still commercially exploited; or IP IN/1/ZWE/P 12 
Page 15 
Cb) has ceased to be commercially exploited, but the name has 
acquired a special significance in relation to that plant; 
. . 
no person shall use, in relation to any other plant, a name which is identical 
to or may be confused with that approved name. 
(2) Any person who sells-
(a) a plant in respect of which plant breeders rights have been 
grailted; or . . 
Cb) any seed or reproductive material Of a plant in respect of which 
plant breeders rights have been granted; 
shall use the plant's approved name in connection with the sale, even if the 
plant breeders rights have expired: 
ProvIded that he may use the name in association with a trade mark, 
trade name or other such mark or name, if the plant's approved name re­
mains easily recognisable. 
(3) . Any contravention of this section shaUbe deemed to be an 
fringement of the plant breeders rights concerned for the purposes of ,Part· 
IVA.", 
20 Repeal oisection42 of Cap. 18:16 
Section 42 of the principal Act is repealed. 
21 Amendmentof section 23 of Cap, 19:13 
Section 23 of the Seeds Act [Chapter 19:] 3] is amended-
(a) by the insertion after subsection (1) of the following subsection-
"(la) Subject to this section, the Minister may, by ,order in the 
Gazette, prohibit the production, multiplicatlon,sale or importation of 
seed-
Ca) which, if used as reproductive material in Zimbabwe, would 
be likely to cause a,deteriorationin any domestic variety of 
plant, whether through cross-pollination, physical admix­
tUf(~ or other means; or 
Cb) which is unsuitable for use in Zimbabwe; or 
(c) the use of which would not be in the general interests of 
agriculture, forestry or horticulture in Zimbabwe."; 
(b) in subsection (6) by the insertion in, Ll-}e definition of "prohibition order" 
after "subsection (l)" or "or (la)",