Plant Varieties (Proprietary Rights) Act, 1980

Assignments, etc.

17.—(1) Subject to registration under this section, the whole of or a share in, plant breeders' rights may be assigned or otherwise dealt with in like manner as other personal property.

(2) Where a person becomes entitled by assignment or transmission, operation of law or any other mode of transfer to plant breeders' rights or to a share in such rights, or becomes entitled as mortgagee, licensee or otherwise to any other interest in such rights, he shall apply to the Controller in the prescribed manner for the registration of his title as proprietor or co-proprietor, as may be appropriate, or of notice of his interest, in the register.

(3) Without prejudice to the provisions of subsection (2) of this section, an application for the registration of the title of any person becoming entitled by assignment to plant breeders' rights or a share in such rights, or becoming entitled by virtue of a mortgage, licence or other instrument to any other interest in plant breeders' rights may be made in the prescribed manner by the assignor, mortgagor, licensor or other party to that instrument, as the case may be.

(4) Where an application is made under this section for the registration of the title of any person, the Controller shall, upon proof of title to his satisfaction—

(a) where that person is entitled to plant breeders' rights or a share in such rights, register him in the register as proprietor or co-proprietor of the rights and enter in the register particulars of the instrument or event by or because of which he derives title, or

(b) where that person is entitled to any other interest in such rights, enter in the register notice of his interest, with particulars of the instrument (if any) creating it.

(5) Where the Controller receives an application under this section, he shall give notice thereof to any person who appears to him to be concerned, and he shall afford to each person to whom such notice is given an opportunity of being heard before determining the application.

(6) Except for the purposes of an application to rectify the register under section 21 or 22 of this Act, a document in respect of which no entry has been made in the register under subsection (4) of this section shall not be admitted in any court as evidence of the title of any person to plant breeders' rights or to a share or interest in any such rights, unless the court otherwise directs.

(7) Any person who is aggrieved by a decision of the Controller under this section may, if, and only if, not later than sixty days after the decision is given he serves on the Controller a notice of appeal, appeal to the High Court against the decision.