Opposition

(1) Within three months of the date of publication of the grant of a breeder’s right, any interested person may on payment of the prescribed fee file with the Registrar an opposition against the grant of the right. (2) The opposition shall be based on any of the following grounds, namely that, (a) the applicant is not the owner of the variety; Protection of New Plant Varieties [CAP. 25529 (b) the variety is not new or distinct at the pertinent dates in accordance with sections 6, 7 and 30 (3) of this Act; (c) it is neither homogenous nor stable; (d) the variety denomination that the Registrar intends to register is inadmissible. (3) Where the opposition is justified, the decision that a plant breeder’s right be granted shall, subject to subsection (5) of this section, be revoked and the application rejected. (4) Where the opposition is not justified, it shall be rejected. (5) Where the opposition based on the claim that the variety denomination is inadmissible is justified, the Registrar shall revoke the decision that a breeder’s right be granted and shall reopen the granting procedure by requesting the applicant to submit another denomination, failing which he shall refuse the application. (6) Where no opposition is filed within the period specified in subsection (1) or if all oppositions filed within that period have been rejected, the Registrar shall grant the breeder’s right and register the variety denomination. (7) The Registrar shall publish the grant of the breeder’s right in a periodical.