Section 68:
Prohibition to apply denomination of a registered variety.
(1) No person other than the
breeder of a variety registered under this Act or a registered licensee or a registered agent thereof shall use
the denomination of that variety in the manner as may be prescribed.
(2) A person shall be deemed to apply the denomination of a variety registered under this Act who--
(a) applies it to the variety itself; or
(b) applies it to any package in or with which the variety is sold, or exposed for sale, or had in
possession such package for sale or for any purpose of trade or production; or
(c) places, encloses or annexes the variety which is sold, or exposed for sale, or had in possession
for sale or for any purpose of trade or production, in or with any package or other thing to which the
denomination of such variety registered under this Act has been applied; or
(d) uses the denomination of such variety registered under this Act in any manner reasonably
likely to lead to the belief that the variety or its propagating material in connection with which it is
used is designated or described by that denomination; or
(e) in relation to the variety uses such denomination in any advertisement, invoice, catalogue,
business letter, business paper, price list or other commercial document and such variety is delivered
to a person in pursuance of a request or order made by reference to the denomination as so used.
(3) A denomination shall be deemed to be applied to a variety whether it is woven in, impressed on,
or otherwise worked into, or annexed or affixed to, such variety or to any package or other thing.