Plant Varieties (Proprietary Rights) (Amendment) Act, 1998

Transitional provisions.

22.— (1) Where, before the commencement of this Act, an application has been made to the Controller under section 4 of the Principal Act and a certificate under that section has—

(a) not been issued in respect of that application, or

(b) been issued under that section,

then—

(i) in the case of the application, it shall be deemed to be an application under section 15 , and

(ii) in the case of the certificate, it shall, for the remainder of the period of operation, be deemed to have been granted under section 15 .

(2) Where, before the commencement of this Act, an infringement of plant breeders’ rights occurred and proceedings for such infringement had been issued under section 4 (5) of the Principal Act, such proceedings shall be continued as if they had been issued under this section.

(3) Where, before the commencement of this Act, an infringement of plant breeders’ rights occurred and proceedings for such infringement had not been issued under section 4 (5) of the Principal Act, such proceedings shall, if issued in respect of such infringement, be deemed to be issued under this section.

(4) Notwithstanding any other provision of this Act, regulations made under the Principal Act shall continue in operation and shall be deemed to have been made under this Act and to be capable of amendment or revocation accordingly.