Application and procedure for variety denomination

(1) The applicant for a breeder’s right shall, within three months of the filing of the application, propose on the form issued by the Registrar for that purpose, a variety denomination in accordance with subsections (2) and (3) of this section. Protection of New Plant Varieties [CAP. 25523 (2) A variety denomination may consist of one word, a combination of not more than three words, a combination of words and figures, of words and letters or of letters and figures, but shall not consist wholly of figures save however that in a word/figure combination, the figures shall have a meaning in relation to the words. (3) No person shall use as a variety denomination a designation which, (a) does not enable the variety to be identified; (b) is liable to mislead a person of average attentiveness or to cause confusion concerning the origin, derivation, characteristics, value or identity of the variety, or the identity of the breeder; (c) is identical to or can be confused with a variety denomination which in Belize or in another State party to the Convention designates an existing variety of the same or of a related botanical species, save however that the denomination shall be admissible if the other variety is not registered and has not been grown for a considerable time; (d) is identical to or can be confused with a designation in which a third party enjoys a prior right which would prohibit the use of the designation as a variety denomination; (e) is contrary to public policy or morality; (f) refers solely to attributes which are also common in other varieties of the species concerned; 24 (g) consists of a botanical or common name of a genus or species, or includes such a name, where this is likely to mislead or cause confusion; (h) suggests that the variety is derived from or related to another variety when this is not the case; (i) includes words such as “variety”, “cultivar”, “form”, “hybrid”, “cross” or a translation of such words; or (j) is, for reasons other than those mentioned in this subsection, not suitable as a generic designation of the variety. (4) Where a variety is already protected by a Contracting Party or where an application for the protection of the same variety is filed in such State, only the variety denomination which has been proposed or registered in that other State may be proposed and registered, and the Registrar shall not register any other designation as a denomination for the variety, (5) Where the variety denomination used in the other State is inappropriate for linguistic reasons, or for any reason specified in subsection (3) of this section, the Registrar may request the applicant to propose another variety denomination. (6) The Registrar shall publish in a periodical the variety denominations which have been proposed to him, or registered or cancelled by him.