Plant Varieties (Proprietary Rights) Act, 1980


Applications and Appeals

Section 15 (2).

Provisions referred to in section 15 (2).

1. Where an application under section 4 , 10 , 11 , 17 , 21 or 22 of this Act is made to the Controller, the Controller may, if he thinks fit, require the applicant to publish in such manner as the Controller shall direct notice of the making of the application stating that during a period specified in the notice (which period shall be the period so directed) representations and objections as regards the application may be made to the Controller and also stating that notice of such representations and objections may be given to the Controller (which notices are hereby authorised to be so given).

2. The following shall be entitled to be heard (either in person or through counsel or a solicitor) on the hearing, whether by the Controller or on appeal, of an application to which Article 1 of this Schedule applies, namely:

(a) the applicant,

(b) the holder of the relevant grant of plant breeders' rights (if he is not the applicant),

(c) any person by whom a notice has been duly given in relation to the application pursuant to regulations under section 15 of this Act.

3. Where an application is made under section 17 of this Act the following provisions shall apply:

(a) the Controller or the Appeal Committee may, for the purpose of enabling the ownership of the relevant plant breeders' rights to be ascertained, direct the applicant to publish a notice in such form and in such manner as the Controller directs,

(b) if the Controller or the Appeal Committee, as the case may be, is satisfied that after diligent inquiry the relevant holder cannot be found or ascertained, the application or an appeal under section 14 of this Act may be heard and determined notwithstanding the fact that such holder has not been found or ascertained.

4. Where a decision is made by the Controller and is confirmed or varied on an appeal under this Act, or where a refusal by the Controller is so affirmed or any other decision is made on such an appeal, then unless the High Court or the Appeal Committee, as the case may be, otherwise direct, the decision on the appeal shall come into force on the day immediately following the day on which it is made, and, in case such a direction is given the decision to which the direction relates shall come into force on the day specified in the direction.

5. Whenever the Controller makes a decision referred to in subsection (1) of section 14 of this Act or a decision under section 21 (6) of this Act, he shall, as soon as may be after the decision is made, cause notice of the decision to be published in the Journal, which notice shall state the period within which an appeal may be taken under the said section 14 or 21 (6) in relation to the decision. The period aforesaid shall be the period of sixty days commencing on the date of the publication of the notice aforesaid.

Act Referred to

Public Offices Fees Act, 1879

1879, c. 58