- Plant Variety Rights Act 1987
- Contents
- An Act to consolidate and amend the law relating to the granting of proprietary rights in respect of plant varieties
- 1 Short Title and commencement
- 2 Interpretation
- 3 Application
- 4 Act to bind the Crown
- Part 1 Grants of plant variety rights
- 5 Applications
- 6 Objections before grant
- 7 Withdrawal or lapse of applications
- 8 Inspection of applications
- 9 Provisional protection
- 10 Making of grants
- 11 Varieties bred or discovered by 2 or more persons independently
- 12 Priorities resulting from earlier overseas applications
- 13 Cancellation of grants because of earlier overseas applications
- 14 Date and term of grants
- 15 Objections after grant
- 16 Cancellation of grants
- 17 Rights of grantees
- 18 Exceptions to grantees’ rights
- 19 Licences
- 20 Notice of protection
- 21 Compulsory licences and sales
- 22 Use of denomination
- Part 2 Appeals
- Part 3 Plant Variety Rights Office
- Part 4 Miscellaneous provisions
- Schedule Plants to which this Act applies
Plant Variety Rights Act 1987
Public Act 1987 No 5 Date of assent 21 February 1987
Contents
Page Title 2 1 Short Title and commencement 3 2 Interpretation 3 3 Application [Repealed] 5 4 Act to bind the Crown 5
Part 1 Grants of plant variety rights
5 Applications 5 6 Objections before grant 7 7 Withdrawal or lapse of applications 8 8 Inspection of applications 8 9 Provisional protection 8 10 Making of grants 9 11 Varieties bred or discovered by 2 or more persons 11
independently 12 Priorities resulting from earlier overseas applications 11 13 Cancellation of grants because of earlier overseas 12
applications 14 Date and term of grants 13 15 Objections after grant 13 16 Cancellation of grants 13 17 Rights of grantees 15 18 Exceptions to grantees’ rights 17 19 Licences 17 20 Notice of protection 17 21 Compulsory licences and sales 18
Note This Act is administered by the Ministry of Economic Development.
1
23 Rights of appeal 20 24 Appeals to be made to District Court 21 25 Assessors 21 26 Procedure 22 27 Suspension of decision while appeal pending 23
Part 3 Plant Variety Rights Office
28 Plant Variety Rights Office 23 29 Seal of Office 23 30 Commissioner, Assistant Commissioners, and officers 24 31 Officersandemployeesnottoacquireinterestsingrants 24 32 Advisory and technical committees, and technical 25
advisors 33 Delegations 26 34 Plant Variety Rights Journal 27
Part 4 Miscellaneous provisions
35 Service of notices, etc 27 36 Fees and refunds 27 37 Offences and penalties 28 38 Regulations 29 38A Orders in Council as to convention parties 30 39 Transitional provisions 30 40 Consequential amendment [Repealed] 31 41 Repealed and revocations [Repealed] 31
Schedule 31 Plants to which this Act applies
AnActtoconsolidateandamendthelawrelatingtothegranting of proprietary rights in respect of plant varieties
BEITENACTEDbytheParliamentofNewZealandasfollows:
1 Short Title and commencement
- (1)
- This Act may be cited as the Plant Variety Rights Act 1987.
- (2)
- This Act shall come into force on a day to be fixed by the GovernorGeneral by Order in Council.
2 Interpretation
In this Act, unless the context otherwise requires,—
Applicant,inrelationtoanyapplication,meansthepersonby whom or on whose behalf that application is made Application , except in section 12 of this Act, means an
application for a grant Assistant Commissioner means an Assistant Commissioner
ofPlantVarietyRightsappointedundersection 30(1)(b) ofthis Act: Commissioner means the Commissioner of Plant Variety
Rights appointed in accordance with section 30(1)(a) of this Act; and includes an Assistant Commissioner Conventionparty means an entity that for the time being— - (a)
- Is declared by an order under section 38A to be a convention party for the purposes of this Act; or
- (b)
- Is a contracting party to the body that, on the commencementofthe PlantVarietyRightsAmendment Act 1999, was known as the International Union for the Protection of New Varieties of Plants (constituted under the international agreement then called the International Convention for the Protection of New Varietie
Contents
Page Title 2 1 Short Title and commencement 3 2 Interpretation 3 3 Application [Repealed] 5 4 Act to bind the Crown 5
Part 1 Grants of plant variety rights
5 Applications 5 6 Objections before grant 7 7 Withdrawal or lapse of applications 8 8 Inspection of applications 8 9 Provisional protection 8 10 Making of grants 9 11 Varieties bred or discovered by 2 or more persons 11
independently 12 Priorities resulting from earlier overseas applications 11 13 Cancellation of grants because of earlier overseas 12
applications 14 Date and term of grants 13 15 Objections after grant 13 16 Cancellation of grants 13 17 Rights of grantees 15 18 Exceptions to grantees’ rights 17 19 Licences 17 20 Notice of protection 17 21 Compulsory licences and sales 18
Note This Act is administered by the Ministry of Economic Development.
1
23 Rights of appeal 20 24 Appeals to be made to District Court 21 25 Assessors 21 26 Procedure 22 27 Suspension of decision while appeal pending 23
Part 3 Plant Variety Rights Office
28 Plant Variety Rights Office 23 29 Seal of Office 23 30 Commissioner, Assistant Commissioners, and officers 24 31 Officersandemployeesnottoacquireinterestsingrants 24 32 Advisory and technical committees, and technical 25
advisors 33 Delegations 26 34 Plant Variety Rights Journal 27
Part 4 Miscellaneous provisions
35 Service of notices, etc 27 36 Fees and refunds 27 37 Offences and penalties 28 38 Regulations 29 38A Orders in Council as to convention parties 30 39 Transitional provisions 30 40 Consequential amendment [Repealed] 31 41 Repealed and revocations [Repealed] 31
Schedule 31 Plants to which this Act applies
BEITENACTEDbytheParliamentofNewZealandasfollows:
In this Act, unless the context otherwise requires,—
Applicant,inrelationtoanyapplication,meansthepersonby whom or on whose behalf that application is made Application , except in section 12 of this Act, means an
application for a grant Assistant Commissioner means an Assistant Commissioner
ofPlantVarietyRightsappointedundersection 30(1)(b) ofthis Act: Commissioner means the Commissioner of Plant Variety
Rights appointed in accordance with section 30(1)(a) of this Act; and includes an Assistant Commissioner Conventionparty means an entity that for the time being— AnActtoconsolidateandamendthelawrelatingtothegranting of proprietary rights in respect of plant varieties
1 Short Title and commencement
2 Interpretation