PLANT VARIETIES PROTECTION ACT
(CHAPTER 232A)
History |
Act 22 of 2004 |
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2006 REVISED EDITION |
An Act to provide for the protection of plant varieties.
[1st July 2004]
Arrangement of Provisions |
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PART I PRELIMINARY 1 Short title 2 Interpretation 3 Act to bind Government 4 Application of Act to certain plants
PART II ADMINISTRATION 5 Registrar of Plant Varieties and other officers 6 Delegation by Registrar 7 Registry of Plant Varieties 8 Seal of Registry 9 Powers of Registrar 10 Disobedience to summons an offence 11 Refusal to give evidence an offence 12 Costs awarded by Registrar
PART III APPLICATION FOR GRANT OF PROTECTION 13 Application for grant of protection 14 Priority resulting from foreign application 15 Publication 16 Objections to denomination and grant of protection 17 Examination of plant variety 18 Corresponding examination 19 Withdrawal or lapse of application 20 Provisional protection
PART IV GRANT AND REVOCATION OF PROTECTION 21 Making of grant of protection 22 Conditions for grant of protection 23 Varieties bred or discovered and developed by 2 or more persons independently 24 Term of grant of protection 25 Grounds of invalidity of grant of protection 26 Cancellation of grant of protection 27 Renunciation of grantee’s right
PART V SCOPE AND NATURE OF GRANT OF PROTECTION 28 Scope and nature of grant of protection 29 Essentially derived and certain other plant varieties 30 Infringement of grant of protection 31 Exceptions to infringement of grant of protection 32 Exhaustion of grant of protection
PART VI AUTHORISATION AND COMPULSORY LICENCES 33 Rights under authorisation 34 Compulsory licences
PART VII NOTICE OF PROTECTION 35 Notice of protection
PART VIII DENOMINATION 36 Approval and registration of denomination 37 Use of denomination 38 Invalidation of registration of denomination
PART IX REGISTER OF PLANT VARIETIES 39 Register to be maintained 40 Inspection of and extract from register 41 Rectification of register 42 Changes reflected in register 43 Registration to be prima facie evidence of validity
PART X OFFENCES 44 Falsification of register 45 Falsely representing plant variety as protected variety 46 Misuse of denomination
PART XI MISCELLANEOUS 47 Registrar not liable in respect of official acts 48 Right of appeal 49 Forms and directions of Registrar 50 Fees 51 Hours of business and excluded days 52 Composition of offences 53 Jurisdiction of court 54 Rules
THE SCHEDULE PLANT GENERA AND SPECIES TO WHICH ACT APPLIES
LEGISLATION HISTORY
PLANT VARIETIES PROTECTION ACT
(CHAPTER 232A)
An Act to provide for the protection of plant varieties.
[1st July 2004]
Notes:— Unless otherwise stated, the abbreviations used in the references to other Acts and statutory provisions are references to the following Acts and statutory provisions. The references are provided for convenience and are not part of the Act:
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Aust. Plant Act 1994 |
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Australia, Plant Breeder’s Rights Act 1994 |
HK Plant Ord. 1997 |
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Hong Kong, Plant Varieties Protection Ordinance (Chapter 490, 1997 Ed.) |
ICPNVP 1991 |
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International Convention for the Protection of New Varieties of Plants 1991 |
UPOV Model Law 1996 |
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Model Law on the Protection of New Varieties of Plants by UPOV, 1996 |
Sweden Plant Act 1997 |
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Sweden, Act on the Protection of Plant Breeders’ Rights, 1997 |
Patents 1995 Ed. |
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Singapore Patents Act (Chapter 221, 1995 Revised Edition) |
Trade Marks 1999 Ed. |
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Singapore Trade Marks Act (Chapter 332, 1999 Revised Edition) |
PART I
PRELIMINARY
Short title
1.—This Act may be cited as the Plant Varieties Protection Act.
Interpretation
2.—In this Act, unless the context otherwise requires —
"applicant" , in relation to any application, means the person by whom or on whose behalf the application is made;
"application" means an application for a grant of protection;
"breeder" , in relation to any plant variety, means —
(a) subject to paragraph (b), a person who bred, or discovered and developed, the plant variety;
(b) if the plant variety was bred, or discovered and developed, by a person in the course of performing his duties or functions as an employee of another person, that other person; or
(c) the successor in title to the person in paragraph (a) or (b), as the case may be;
"Convention" means the international agreement called the International Convention for the Protection of New Varieties of Plants of 2nd December 1961, as revised or amended from time to time;