Plant Varieties (Proprietary Rights) Act, 1980
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Conditions regarding grant of plant breeders' rights. |
5.—(1) Subject to subsection (3) of this section and to sections 6 and 7 of this Act, where an application is made to the Controller for the grant of plant breeders' rights, the Controller shall allow the application if he is satisfied that each of the following conditions is complied with, namely: | |
(a) that the applicant is the person who bred or discovered the plant variety to which the application relates, or the successor in title of such person, or a person to whom the right to make an application under this section as regards such plant variety has been duly assigned, | ||
(b) that the plant variety to which the application relates satisfies each of the conditions contained in the First Schedule to this Act, | ||
(c) that the applicant is an Irish citizen or a citizen or national of any country or territory which is a party to the Convention or is resident or has a place of business (being a business whose activities consist of or include the sale or propagation of plants) in either the State or such a country or territory or that the applicant has a place of such business in a country or territory which is for the time being declared by regulations under section 2 (3) of this Act to be a country or territory to which section 2 of this Act applies. | ||
(2) Where an application is made to the Controller for the grant of plant breeders' rights and the Controller— | ||
(a) is satisfied that the conditions contained in paragraphs (a) and (b) of subsection (1) of this section have been complied with in relation to the application, and | ||
(b) is not satisfied that the condition contained in paragraph (c) of the said subsection (1) has been so complied with, | ||
the Controller may in his absolute discretion allow the application and, subject to subsection (3) of this section, the certificate and the entry in the register granted and made by reason of the application's being allowed shall have effect subject to such conditions (if any) as are specified for the purposes of this subsection by the Minister and are for the time being in force. | ||
(3) (a) When an application is made to the Controller for the grant of plant breeders' rights and the applicant is neither resident nor has a place of business in the State, the Controller may in his absolute discretion require the applicant to appoint, within a period specified by the Controller, an agent in the State on or with whom the Controller may serve documents or otherwise deal in relation to the application, and, should the application be allowed, any other matter arising under this Act as regards the plant breeders' rights which would be thereby granted, and in case the Controller makes a requirement under this subsection and the relevant application is allowed and the requirement is for the time being in force but is not complied with, then for so long as such requirement is not complied with no person shall be entitled either to bring proceedings for the infringement of such rights or to make any application under this Act in relation to such rights. | ||
(b) The Controller may cancel a requirement made under this subsection. |