|
|
Application for plant breeders’ rights.
|
15.—(1) A person may, subject to the provisions of the Acts, apply to the Controller for a grant of plant breeders’ rights in relation to a variety of any plant genus or species and such application shall be accompanied by the prescribed fee.
|
|
| |
(2) Where, following an application under subsection (1), the Controller makes a grant of plant breeders’ rights in relation to a variety (in the Acts referred to as the “protected variety”), the Controller shall as soon as may be—
|
|
| |
(a) issue under the seal of the Controller a certificate in the prescribed form specifying the name of the variety of plant genus or species concerned,
|
|
| |
(b) publish a notice of the granting of the certificate referred to in paragraph (a) in the Journal, and
|
|
| |
(c) enter the name of the variety of plant genus or species concerned in the register,
|
|
| |
and the person to whom such plant breeders’ rights are granted shall be known as a “holder”.
|
|
| |
(3) A certificate issued under subsection (2) of this section shall, unless the contrary is shown—
|
|
| |
(a) be deemed to be such certificate, and
|
|
| |
(b) in any legal proceedings be evidence without further proof of the matters stated therein.
|
|
| |
(4) The minimum period in respect of which plant breeders’ rights may be exercised by a holder shall—
|
|
| |
(a) in respect of trees, vines and potatoes, be not less than 30 years, and
|
|
| |
(b) in respect of all other varieties be not less than 25 years,
|
|
| |
and each such period shall commence on the date of the grant of the plant breeders’ rights concerned under this section.
|
|
| |
(5) Subject to subsection (10), the maximum period for which plant breeders’ rights may be exercised by a holder shall—
|
|
| |
(a) in respect of trees, vines and potatoes, be 35 years, and
|
|
| |
(b) in respect of all other varieties, be 30 years.
|
|
| |
(6) A statement in the register that a species of plant or each of the plants of a specified group of plants is a fruit tree, forest tree, ornamental tree or grape vine shall, in relation to the species of plant concerned, be evidence without further proof of the matters stated therein unless the contrary is shown.
|
|
| |
(7) The Minister may make regulations for the purpose of giving effect to this section.
|
|
| |
(8) Where, on the date of the coming into operation of this Act, a variety (in this Act referred to as a “variety of recent creation”) exists but an application for plant breeders’ rights for the variety concerned has not been made by that date, an application for a grant of plant breeders’ rights for the variety concerned may be made within the 12 months following the date of the coming into operation of this Act but such plant breeders’ rights shall not be granted in respect of the variety concerned if sale or other disposal of that variety has, with the consent of the applicant, taken place not less than—
|
|
| |
(a) 4 years before the coming into operation of this Act, or
|
|
| |
(b) 6 years before the coming into operation of this Act if the variety concerned is a tree or vine.
|
|
| |
(9) A holder may assign any plant breeders’ rights granted to him or her under the Acts.
|
|
| |
(10) The Controller, when making a grant of plant breeders’ rights, shall not include a maximum period for the exercise of such plant breeders’ rights unless the plant variety concerned belongs to a plant genus or species in respect of which an order under subsection (11) has been made.
|
|
| |
(11) The Minister may by order specify the maximum period for the exercise of plant breeders’ rights of a plant genus or species.
|
