← belizelaw.ai · Protection Of New Plant Varieties, Cap. 255 · PART VI — Variety Denomination, Examination of Application,
Examination of novelty, distinctiveness, etc
Cap. 255, s. 38 · Revised Edition 2020
(1) The Registrar shall examine the variety to determine whether it fulfils the requirements of novelty and where those requirements are not fulfilled, the Registrar shall reject the etc.
(2) The Registrar shall invite the applicant, on a date fixed by him before the beginning of each year or testing period, to pay the prescribed testing fee for that year or testing period and failure to do so by the applicant shall cause the application to be rejected.
(3) The Registrar shall after receiving the testing fee for the first year or for the first testing period examine whether the variety fulfils the requirements of distinctness, homogeneity and stability.
(4) Where the Registrar determines that it is expedient to do so, he may arrange to have the examination done by another national or foreign governmental authority and shall base his decision on the results of that examination.
(5) The Registrar may treat the examination results obtained from, and expert opinions given by foreign governmental authorities, as results obtained from and opinions given by the Registrar himself.
(6) Subject to section 30(4) of this Act, the Registrar may,
where necessary for an examination, request the applicant to submit additional material or documents within the period specified in the request and where the applicant fails to do so,
without giving valid reasons for such failure, he shall reject the
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