PLANT VARIETIES PROTECTION ACT
(CHAPTER 232A, SECTION 54)
PLANT VARIETIES PROTECTION RULES
History |
G.N. No.S 368/2004 |
-> |
R1 2006 REVISED EDITION |
[1st July 2004]
Arrangement of Provisions |
|
PART I PRELIMINARY 1 Citation 2 Definitions 3 Fees 4 Forms 5 Filing of documents 6 Signature on documents 7 Service of documents 8 Furnishing of address 9 Address for service 10 Procedural representatives
PART II GRANT OF PROTECTION DIVISION 1 — APPLICATION 11 Application for grant of protection 12 Representation of plant variety 13 Claim to priority 14 Samples or specimens 15 Deficiencies in applications 16 Publication of application 17 Amendment of application or document 18 Withdrawal of application DIVISION 2 — OBJECTIONS 19 Objections to application or registration of denominations 20 Contents of notice of objection 21 Counter-statement 22 Evidence in support of objection 23 Evidence in support of application or registration 24 Evidence in reply by objector 25 Further evidence 26 Exhibits 27 Pre-hearing review 28 Objection hearing 29 Technical advisor 30 Registrar’s decision in objection proceedings 31 Extension of time in objection proceedings 32 Costs in uncontested objection 33 No registration of denomination pending outcome of objection hearing DIVISION 3 — EXAMINATION 34 Request for examination 35 Examination by local prescribed examination authority 36 Corresponding examination report 37 Examination report 38 Removal of material DIVISION 4 — MAKING AND PUBLICATION OF GRANT OF PROTECTION 39 Making of grant of protection 40 Publication of grant of protection DIVISION 5 — EXCEPTIONS TO INFRINGEMENT OF GRANT OF PROTECTION 41 Use of harvested material for farming activities DIVISION 6 — REPLACEMENT DENOMINATIONS 42 Submission and registration of replacement denominations
PART III REGISTER 43 Entry in register of particulars of application, grant of protection and other matters 44 Application for registration of transactions, instruments, etc. 45 Rectification of error or omission in register 46 Application to change name and address in register
PART IV ANNUAL FEE AND INFORMATION 47 Payment of annual fee and submission of information 48 Extension of time for payment of annual fee or submission of information 49 Cancellation of grant of protection upon failure to provide information or pay annual fee
PART V CANCELLATION AND RENUNCIATION 50 Application to cancel grant of protection 51 Counter-statement 52 Further procedure 53 Intervention by third parties 54 Application for renunciation of grant of protection 55 Publication and entry into register of cancellation or renunciation
PART VI EVIDENCE AND PROCEDURE 56 Right of affected party to be heard 57 Hearing before Registrar to be in public 58 Evidence in proceedings before Registrar 59 Statutory declarations 60 Notice of seal of officer taking declaration
PART VII COSTS 61 Application for costs 62 Taxation of costs 63 Taxation proceedings 64 Scale of costs 65 Certificate
PART VIII EXTENSION OF TIME 66 Request for extension of time 67 Where non-compliance with time caused by Registry 68 Change of commencement date of period for filing evidence
PART IX MISCELLANEOUS PROVISIONS 69 Hours of business and excluded days 70 Extension of period where interruption in postal service, etc. 71 Certificates and copies 72 Irregularities 73 Case management conference 74 Registrar’s power to require documents, information or evidence 75 Address altered by public authority 76 Application to Court 77 Filing of court orders 78 Plant Varieties Protection Journal 79 Translations 80 Inspection of register, etc.
FIRST SCHEDULE LOCAL PRESCRIBED EXAMINATION AUTHORITIES
SECOND SCHEDULE FEES
THIRD SCHEDULE FEES PAYABLE FOR SUBMISSION OF EXAMINATION REQUEST OR REQUEST TO RELY ON CORRESPONDING EXAMINATION REPORT
FOURTH SCHEDULE PLANT GENERA AND SPECIES EXEMPTED FROM RIGHTS OF GRANTEE UNDER SECTION 31 (2) OF ACT
FIFTH SCHEDULE SCALE OF COSTS