Regulations

(1) The Minister may make regulations for any matter required to be prescribed by this Act. (2) Without prejudice to subsection (1) of this section, regulations made by the Minister under this section may provide for the following, (a) the procedure of the Office in respect of the receiving and handling of applications, the conduct of the examination of varieties and of variety denominations, the handling of oppositions, the grant of breeder’s rights, and the refusal of applications; (b) the invalidation or forfeiture of breeder’s rights, the assignment of an application or the transfer of a breeder’s right to the owner of the variety and the cancellation of variety (c) the maintenance and conservation of samples, the cooperation with germplasm banks or other institutions for the conservation of genetic material; (d) the establishment and maintenance of a variety register and the receiving and filing of any document concerning breeder’s rights; (e) the amounts and the collection of all fees provided for under this Act; (f) the making of additional rules to prevent the use of the same or confusing denominations for more than one variety and to regulate the relationship between variety denominations and trademarks; Protection of New Plant Varieties [CAP. 25537 (g) the administration of the Register provided for under section 3 of this Act including the determination of the facts to be registered; and (h) any other matter necessary for giving effect to the purpose of this Act or relating to the administration of this Act. (3) In compiling the list of genera or species required to be published under this Act, the Minister may exclude all varieties of that genus or species which are not characterized by a particular manner of reproduction or multiplication or by a certain end-use. (4) Where a genus or species is deleted from the list of genera and species to which this Act applies with effect from a given date, the deletion shall not affect the rights of applicants who have filed applications for the protection of varieties of that genus or species before that date.