Plant Varieties (Proprietary Rights) (Amendment) Act, 1998
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Amendment of section 6 of Principal Act. |
7.—(1) Section 6 of the Principal Act is hereby amended by— | |
(a) the substitution of the following subsection for subsection (1): | ||
“(1) Where two or more applications are made for plant breeders’ rights for the same variety, the Controller, in considering the order of precedence of such applications, shall have regard to the date of receipt of the applications concerned and, subject to subsection (2) of this section, shall consider the application, having regard to the date of receipt, which was the first such application received by the Controller.”, | ||
and | ||
(b) the substitution of the following subsection for subsection (2): | ||
“(2) Where the applications referred to in subsection (1) of this section were received by the Controller on the same date and the time of such receipt on such date cannot be established, the applications concerned shall rank equally in order of precedence.”. | ||
(2) Section 6 of the Principal Act is hereby amended in subsection (3) by— | ||
(a) the substitution in paragraph (a) of “Contracting Party” for “convention country”, | ||
(b) the substitution in paragraph (e) of “may be received” for “is received”, | ||
(c) the insertion in paragraph (e) after “the documents” of “samples or other evidence”, | ||
(d) the substitution of “as aforesaid.” for “as aforesaid, and, accordingly,”, and | ||
(e) the deletion of all words from “the fact that another applicant” to the end of the subsection. | ||
(3) Section 6 of the Principal Act is hereby amended by— | ||
(a) the substitution in subsection (4) of “the period of two years” for “the period of four years”, and | ||
(b) the substitution in subsection (5) of “the period of three years” for “the period of five years”. |