Plant Varieties (Proprietary Rights) Act, 1980

Revocation of grants by Controller.

11.—(1) Where—

(a) the Controller is satisfied that—

(i) any information supplied by or on behalf of an applicant under section 4 of this Act was incorrect and that had he known before determining the application that such information was incorrect he would have refused the application,

(ii) having regard to any other matter which, had he had regard to it before determining an application under the said section 4, he would have so refused, or

(b) the Controller is satisfied that any holder has failed to supply the Controller with reproductive material mentioned in section 1 (2) of this Act, or

(c) the Controller is satisfied that a holder has failed to pay periodical fees due and payable by him under regulations under section 25 of this Act,

(d) a holder is convicted of an offence under section 23 of this Act as regards a representation made by him in relation to an application under section 4 of this Act,

the Controller shall revoke the relevant grant of plant breeders' rights.

(2) (a) The following provisions shall apply in relation to the revocation under subsection (1) of this section of a grant of breeders' rights:

(i) the Controller shall not revoke the grant unless and until—

(I) he has given by post, or in such other manner as the Minister shall direct, to the holder concerned notice in writing stating that the Controller has under consideration the revocation of the relevant plant breeders' rights,

(II) he has caused to be given in the prescribed manner a general notice stating that he has under consideration such revocation,

(ii) the Controller shall consider any representation or objection made to him as regards the proposed revocation, and

(iii) in case the ground for the proposed revocation is the non-payment of a fee, the Controller shall afford a reasonable period to the person concerned within which to pay the fee,

and if the fee is paid within that period the Controller shall not proceed further in the matter.

(b) Both of the notices referred to in paragraph (a) of this subsection shall specify the grounds on which such revo- cation is so under consideration and state that representations and objections as regards the proposed revocation may be made to the Controller during such period (being a period of not less that twenty-eight days beginning on the date of the notice) as shall be specified in the notice (which representations and objections are hereby authorised to be made).

(3) In case the Controller revokes a grant of plant breeders' rights under this section otherwise than by reason of the conviction of the relevant holder of an offence under section 23 of this Act, the holder of the rights may within the prescribed period appeal to the High Court against the revocation.