Plant Breeder s Rights [ No. 18 of 2007 251 (5) Ifby reason ofa prior right, the use of any denomination of a variety is prohibited by a person who, in accordance with subsection (1), is obliged to use it, the Registrar shall require an applicant to submit another denomination. (6) Any person who offers for sale or markets a propagating material of a protected variety may use the denomination of the variety after the expiration of any applicants right in that variety, except where, in accordance with sub-section (5), a prior right prevents such use. (7) Where a variety is offered for sale or otherwise marketed, the use of the registered variety denomination in association with a trademark, trade name or other similar indication shall be pemritted, subject to the denomination remaining easily recognisable. 16. (1) The effective date of an application is the date on which the application is lodged with the Registrar. Priority of application (2) If two or more applications are made in respect of the same plant variety, the Registrar shall first consider the application having the earlier priority date. 17. (1) Where an application for the protection of a variety is filed in a country which is a party to a bilateral or multilateral agreement concerning plant variety protection to which Zambia is a party and, an application in respect of the same variety is filed within twelve months of the date of the earlier application, the application filed with the Registrar shall enjoy a right of priority and its effective date shall be the date of lodgement of the foreign application. Priority dates arising from foreign application (2) The Registrar shall treat the date of lodgement of any foreign application as the priority date for the purposes of any local application if- (a) the applicant submits to the Registrar, within three months of making the local application, a copy of the document constituting the foreign application, certified by the relevant Authority that received the foreign application, to be a true copy of the document; and (b) the applicant provides such further particulars in relation to the plant variety as are required to complete the consideration of the local application. 18. (1) Subject to the other provision of this Act, the Registrar shall, within twenty one days from the date an application is lodged in a plant variety, accept or reject the application. Acceptance or rejection of application

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