Proceedings before the Office

(1) The Registrar may, in any proceedings under this Act, conduct an oral hearing. 30 (2) Hearings in proceedings concerning the assignment of an application, the transfer of a breeder’s right or the invalidation or forfeiture of such right shall be public, unless the legitimate interests of any person might be prejudiced thereby. (3) In proceedings before the Registrar, evidence may be obtained either by hearing any of the parties to the proceedings, or experts or witnesses, or by requesting the competent court of the country of residence of the person concerned to take such evidence. (4) Evidence may also be obtained by requesting the submission of documents and other information by, or in the possession of, any party to the proceedings, or information from another government authority, an expert opinion, by inspecting the installations of any party to the proceedings with that party’s consent, or by requesting the submission of a sworn statement in writing by any party to the proceedings or by any witness or expert. (5) A decision of the Registrar may be based only on grounds or evidence on which any party to the proceedings whose rights are affected by that decision has had an opportunity to submit his comments. (6) Facts or evidence which are not submitted when requested by any party to the proceedings may be disregarded by the Registrar. (7) Unless stated to the contrary in this Act, the Registrar may commence the necessary investigations of his own volition and he shall not be restricted to the facts, evidence or arguments provided by any party to the proceedings. (8) Any interested person may submit observations or suggestions to the Registrar concerning any proceedings pending before him, but that person shall not become a party to those proceedings by the mere fact of such submission. Protection of New Plant Varieties [CAP. 25531 (9) Observations and suggestions thus submitted shall be communicated in writing to the applicant or the holder of the breeder’s right as the case may be. (10) The Registrar shall confirm the receipt of such observations or suggestions in writing but need not inform the person having submitted them of any steps taken by him or of his opinion on the observations or suggestions submitted.