Plant Varieties (Proprietary Rights) Act, 1980

Power of court to amend register.

21.—(1) Subject to the provisions of this Act, the High Court may on the application in the prescribed manner of any person aggrieved by the non-insertion in or omission from the register of any entry or by any entry made in the register without sufficient cause, or by any entry wrongly remaining in the register, or by an error or defect in any entry in the register, direct the Controller to make in the register such entry, or expunge from or vary any such entry then in the register, as the court may think fit.

(2) The High Court may in any proceeding under this section decide any question that it may be necessary or expedient to decide in connection with the rectification of the register.

(3) Such notice of an application under this section as the High Court shall direct shall be given to the Controller and to such other person or persons (if any) as the Court may direct who shall have the right to appear and be heard thereon, and the Controller shall appear if so directed by the court. Unless otherwise directed by the court, the Controller, in lieu of appearing and being heard, may submit to the court a statement in writing signed by him, giving particulars of the proceedings before him in relation to the matter in issue or of the grounds of any decision given by him affecting the same or of his practice in like cases, or of such other matters relevant to the issues, and within his knowledge as Controller, as he shall think fit, and such statement shall be regarded as forming part of the evidence in the proceedings.

(4) In the case of fraud in the registration or transmission of plant breeders' rights, the Controller may himself apply to the High Court under the provisions of this section.

(5) Any order of the High Court rectifying the register shall direct that notice of the rectification be served on the Controller, in such manner as the court shall direct, who shall upon the receipt of such notice rectify the register accordingly.

(6) Any application under this section (other than an application by the Controller) may, at the option of the applicant, be made in the first instance to the Controller, and in such case the Controller shall have all the powers of the High Court under this section, but his decision shall be subject to appeal to that court within the prescribed period.