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Plant Variety Rights (Fees) Order 1991, New Zealand

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Details Details Year of Version 1991 Dates Entry into force: May 1, 1991 Adopted: March 11, 1991 Type of Text Implementing Rules/Regulations Subject Matter Plant Variety Protection

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NZ028: Plant Variety (Fees), Order, 11/03/1991, No. 37

THE PLANT VARIETY RIGHTS
(FEES) ORDER 1991

CATHERINE A. TIZARD, Governor-General

ORDER IN COUNCIL

At Wellington this 11th day of March 1991

Present:

Her Excellency the Governor-General in Council

Pursuant to section 38 of the Plant Variety Rights Act 1987, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following order.

ORDER

1. Title and commencement-
(1) This order may be cited as the Plant Variety Rights (Fees) Order 1991.
(2) This order shall come into force on the 1st day of May 1991.
2. Fee-
(1) The fees specified in the First Schedule to this order must be paid in respect of the things referred to in that schedule.
(2) Where, at the request of an applicant, the Commissioner arranges an overseas test trial of a variety, the applicant must pay to the Commissioner the costs incurred in relation to the trial, including the goods and services tax (if any) payable on those costs under the Goods and Services Tax Act 1985.
(3) Where the Commissioner or any other employee of the Plant Variety Rights Office undertakes any search or photocopying for any person, the person must pay to the Commissioner a fee for the time spent in doing so calculated at the rate specified in the Second Schedule to this order.
3. Amount of GST included-
The fees prescribed by and in this order are inclusive of goods and services tax under the Goods and Services Tax Act 1985.
4. Consequential revocation-
The Plant Variety Rights (Fees) Order 1989 is hereby consequentially revoked.

SCHEDULES

C1. 2 (1)

FIRST SCHEDULE
Fees Payable Under Plant Variety Rights Act 1987
(including GST)

Item

Herbage, agricultural crops, vegetables
Fee ($)

Fruit or nut plants
Fee ($)

Other plants
Fee ($)

Rectification of error or irregularity

28

28

28

Issue of duplicate grant

28

28

28

Issue of certified true copy of application

17

17

17

Request under section 21 (1) of the Act (compulsory licences and sales)

675

675

675

Application to limit, vary extend, or revoke compulsory licence or order

337.50

337.50

337.50

Application for grant

562.50

450

281.25

Examination of data (including any material) supplied by applicant-

within six months of application

675

337.50

258.75

later

900

337.50

258.75

Test trial by Ministry

-

562.50

506.25

Issue of grant

562.50

135

112.50

Annual grant fee-

paid by anniversary of grant

506.25

258.75

202.50

paid later

551.25

292.50

236.25

C1. 2 (3)

SECOND SCHEDULE
Hourly Rate for Searching and Photocopying
(including GST)

$56.25 per hour

MARIE SHROFF,
Clerk of the Executive Council.

EXPLANATORY NOTE

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

This order, which comes into force on 1 May 1991, increases the fees payable under the Plant Variety Rights Act 1987, and prescribes a new fee (for the issue of a duplicate grant) and charges of $56.25 per hour for searches and photocopying.

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

Date of notification in Gazette: 14 March 1991.

This order is administered in the Ministry of Agriculture and Fisheries.

Wellington, New Zealand: Published under the authority of the
New Zealand Government-1991

Legislation Implements (1 text(s)) Implements (1 text(s)) Is repealed by (1 text(s)) Is repealed by (1 text(s)) WTO Document Reference
IP/N/1/NZL/P/4
No data available.

WIPO Lex No. NZ028