Plant Varieties (Proprietary Rights) Act, 1980

Extension of term of grant.

9.—(1) Subject to subsection (2) of this section, if on an application made in that behalf by or on behalf of a holder the Controller is satisfied that (for reasons beyond the control of the holder) the holder has not been adequately remunerated by the relevant grant of plant breeders' rights, the Controller may, subject to such restrictions or other conditions (if any) as the Controller may specify,

(a) extend the period during which the rights conferred by the grant shall be exercisable, or

(b) further extend the period during which such rights shall be exercisable.

(2) The Controller shall not exercise the powers conferred on him by subsection (1) of this section so as to purport to enable the plant breeders' rights to which an application under this section relates to be exercised during a period which exceeds in length the relevant maximum period prescribed under section 4 (10) of this Act.

(3) Where the Controller allows an application under this section the following provisions shall, if applicable, have effect:

(a) in case the relevant grant of plant breeders' rights has expired before the date of the Controller's decision, the grant shall be regarded as having expired immediately before the decision, and

(b) in case such application is so allowed subject to a restriction or other condition, the relevant such grant shall thenceforth have effect subject to the restriction or condition.