Commencement

These Regulations shall come into force on the 17th day of August, 2001. MADE by the Attorney General this 17th day of August, 2001. (GODFREY SMITH) Attorney General 2 SCHEDULE I [Regulation 12] FEES $ An application under section 28 of the Act… … … … … … 300.00 Fee for a grant of breeder’s right under section 39 of the Act 300.00 Applying for a compulsory licence under section 51 (1) of the Act … … … … … … … … … … … … … … … … … … 500.00 Examination of Register… … … … … …………………… 5.00 per page or part of a page Obtaining uncertified copy or extract of an entry in the Register… … … … … … … … 5.00 per page or part of a page Obtaining certified copy or extract of an entry in the Register … … … … … … … ……………………………… 10.00 per page or part of a page Annual renewal fee, as mentioned in section 22 of the Act, in relation to any variety ... … … … … …………………….. 500.00 Making late payment of the annual fee … … ……………….. 100.00 Protection of New Plant Varieties 3 Assignment or transfer of application for the grant of breeder’s right … … … … … … …………………………… 200.00 Opposition to grant of breeder’s right as mentioned in section 41 (1) of the Act … … … … … ……………………. 200.00 Application for invalidation of breeder’s right under section 26 of the Act … … … … … ……………………….. 200.00 2 Protection of New Plant Varieties SCHEDULE II [Regulations 19(1) & 20] (Section 28 (1) of the Act) FORM NO. 1 APPLICATION FOR PROTECTION OF A PLANT VARIETY 1. Owner(s): names(s) and address(es): 2. BZ address to which correspondence is to be sent (if different from 1.): (If Belize (BZ address) telephone: fax: telephone: fax: 3. Kind of plant: Common name:________________________________ Botanical name: ________________________________ 4. (a) Proposed denomination (in block letters:__________________________ (b) Breeder’s reference (if any):____________________________________ (c) Commercial synonyms (if any):_________________________________ 5. (a) Name and address of original breeder(s) (if other than owner(s)): To the best of my (our) knowledge there is no other original breeder (b) If original breeder(s) other than owner(s), indicate whether the variety was transferred to owner(s) by: • contract • succession • other (specify): Protection of New Plant Varieties 3 6. Have applications for plant variety protection been made in other countries: • Yes • No If “yes” give details below: Denomination Country Application date Application No. Stage (or breeder’s reference) Checklist 2 Protection of New Plant Varieties The items in bold print are required at application time. Those in normal print should be supplied at application or as soon as possible afterwards. FOR ALL VARIETIES • application form completed fully, signed and dated. • application fee • technical questionnaire. • authorization of agent (if applicable). • evidence of ownership (if applicable). • certified correct copy of the overseas application for which INSTRUCTIONS General Instructions The application can only be accepted if completed, signed and accompanied by the correct application fee, the completed technical questionnaire and any other required attachment. The checklist above indicates the attachments which are required at application. Send the original of the application, the attachments and fee payment by: post to/self or courier toThe Registrar, Intellectual Property Office BELMOPAN Retain a copy for your own reference. Any authorization of agent, evidence of assignment of ownership, etc., must be the copy containing the original signature, or be an original legally certified true copy. Protection of New Plant Varieties 3 Specific Instructions Part 1 - Where the application is made by an agent (including also an application made by a joint owner acting for all owners) it must be accompanied by an authorization completed by the person(s) on whose behalf the agent is authorized to act. A model authorization is given in Form No. 2 of this Schedule. Part 4 - The denomination is the designation or name under which the grant of Plant Variety Rights will be registered. Where application is made in more than one country the same denomination must be used. Applicants may defer proposing a denomination until after application but if so must give a breeder’s reference or some sort of temporary designation. With some species it is common practice for the variety denomination to be in the form of a breeder’s code name. The term commercial synonym is used to refer to the fancy name that may be added to such a denomination when the variety is marketed. For example, the rose variety with denomination ‘Macauck’ has the commercial synonym “Olympiad”. Part 5 - Where the owner of the variety is other than the original breeder, i.e. the owner is the successor in title to the breeder, the application must be accompanied by documentary evidence sufficient to establish present ownership. Part 6 - Indicate in chronological order all prior applications for protection (e.g. plant variety rights, plant variety protection certificate, plant patent) without exception, including those filed in countries which are not Parties to the International Convention for the Protection of New Varieties of Plants of 1978 as last revised. In the “Stage” column indicate whether-pending, rejected, withdrawn, or rights granted. 4 Protection of New Plant Varieties (Instructions on reverse side) Protection of New Plant Varieties 5 7. Priority is claimed in respect of the application filed in (country) _____________________________________________________ on (date)_____________under the denomination ________________ 8. (answer both (a) and (b) (a) The variety• has not been offered for sale or sold in BZ • was offered for sale or sold in BZ for the first time in Country______________________________ on (date)_____________________________ under the denomination_________________ (b) The variety• has not been offered for sale or sold abroad. • was offered for sale or sold abroad for the first time in – (country)_____________________________ on (date)_____________________________ under the denomination_________________ 9. Plant material. I/We declare that the material provided, or to be provided, in relation to this variety is, or will be, representative of the variety. (Important: With certain kinds of plants a specified quantity of seed or colour photographs to be determined by the Registrar must be supplied at the time of application). I/We apply for Plant Variety Rights. I/We declare that, to the best of my/our knowledge, the information necessary for the examination of the application, given in this form and in any attachments is complete and correct. Signature(s):___________________ Date:____________________ Part 7 - Priority may be claimed in respect of an earlier application for plant variety protection that has been 6 Protection of New Plant Varieties duly filed with the Authority of a Contracting Party. If there has been more than one such application, priority may be claimed only in respect of the first. A further proviso is that this overseas application should be claimed within a period of 12 months from the date of the filing of the earliest application, but the day of filing shall not be included in the said period. The advantage of claiming priority is that the date of application overseas becomes regarded in effect as the application date in BZ. This may give you precedence over competitors that you would not otherwise have enjoyed. If you do claim priority, you must supply to the Intellectual Property Office, within 3 months of the application date in BZ, a copy of the documents constituting the first application certified as being correct by the overseas authority. Protection of New Plant Varieties 7 (Section 14 (2) of the Act) FORM NO. 2 [Regulation 19 (1)] AUTHORISATION OF AGENT I/We hereby authorize …………………………........………. to sign any application, notice or other document given, delivered to or served upon the Registrar in accordance with the Protection of New Plant Varieties Act (Chapter 255 of the Substantive Laws of Belize, Revised Edition 2020) and the Protection of New Plant Varieties Regulations, 2001, and to make all attendances upon the Registrar relating to the plant variety(ies) with proposed denomination(s)* ………………………………………………………………..... …………………………………………………………………. Signed:……………………………………. Date: ……………………………………... Address: …………………………………. *If a denomination has not yet been proposed, give the breeder’s reference or temporary designation. 8 Protection of New Plant Varieties (Section 39(1) of the Act) FORM NO. 3 [Regulation 19 (1)] GRANT OF BREEDER’S RIGHT The Intellectual Property Office of Belize WHEREAS an application has been presented to the Registrar of the Intellectual Property Office for the grant of a plant variety right for a novel, distinct, homogeneous and stable variety; AND WHEREAS it has been determined that the requirement of the Protection of New Plant Varieties Act, Chapter 255 of the Substantive Laws of Belize, Revised Edition 2020, have been complied with; NOW THEREFORE this grant entitles the applicant, and any subsequent legal representatives of the applicant, to all the benefits of the Act and to the relevant period of protection stated in section 21 of the Protection of New Plant Varieties Act, Chapter 255 of the Substantive Laws of Belize, Revised Edition 2020, subject to the conditions contained in the Act and any adjudication of the Supreme Court affecting those rights. In testimony whereof this document bears the seal of the Office affixed to it at Belmopan. Granted this _____ day of ___________ in the year 20 ______. Registrar Intellectual Property Office Protection of New Plant Varieties 9 (Section 41 of the Act) FORM NO. 4 [Regulation 19 (1)] NOTICE OF OPPOSITION TO GRANT OF BREEDER’S RIGHT (To be submitted in duplicate) IN THE MATTER OF an opposition by __________________ __________________to application No.__________________ of ________________________________________________ I/We 1_____________________________________________ hereby give notice of my/our opposition to the grant of the breeder’s right advertised under the above number in the Journal of the _____________________________________________ _____________ day of____________________, 20________. The grounds of opposition are as follows: __________________________________________________ __________________________________________________ Address for service in Belize in these proceedings: __________________________________________________ __________________________________________________ 1 Here state full name and address of the person who opposes the application. 10 Protection of New Plant Varieties Dated the ____________day of__________________, 20____. 2_________________________________________________ To the Registrar Intellectual Property Office BELIZE. __________________________________________________ 2 Insert Signature. Protection of New Plant Varieties 11 (Section 28 (3) of the Act) SCHEDULE III [Regulation 24 (1)] QUANTITY OF REPRODUCTIVE MATERIAL TO ACCOMPANY APPLICATION Item Kind of variety Quantity of reproductive material 1. Tree Such quantity of reproductive material as is sufficient to produce 40 plants 2. Vine Such quantity of reproductive material as is sufficient to produce 40 plants. 3. Edible fungus 1 gram (measured by dry weight) net of reproductive material. 4. Edible microscopic alga 1 gram (measured by dry weight) net of reproductive material. 5. Edible macroscopic alga that is propagated by spore 1 gram (measured by dry weight) net of spore. 6. Edible macroscopic alga that is not propagated by spore 50 grams (measured by dry weight) net of reproductive material. 7. Gramineae that is propagated by seed 500 grams of seed. 12 Protection of New Plant Varieties 8. Gramineae that is not propagated by seed 2 kilograms of reproductive material. 9. Any kind of variety that is propagated by seed and does not fall within any item in items 1 to 8 500 grams of seed. 10. Any kind of variety that is not propagated by seed and does not fall within any item in items 1 to 8 Such quantity of reproductive material as is sufficient to produce 60 plants. 2 Protection of New Plant Varieties SCHEDULE IV [Regulation 24 (2)] (Section 20(1) of the Act) Item Kind of variety Stock of reproductive material 1. Any variety of tree Such stock of reproductive material as is sufficient to produce 100 plants. 2. Any variety of vine Such stock of reproductive material as is sufficient to produce 100 plants. 3. Any variety of edible fungus 2 grams (measured by dry weight) net of reproductive material. 4. Any variety of edible microscopic alga 2 grams (measured by dry weight) net of reproductive material. 5. Any variety of edible macroscopic alga that is propagated by spore 2 grams (measured by dry weight) net of spore. 6. Any variety of edible macroscopic alga that is not propagated by spore 100 grams (measured by dry weight) net of reproductive material. 7. Any variety of Gramineae that is propagated by seed 1 kilogram of seed. Protection of New Plant Varieties 3 8. Any variety of Gramineae that is not propagated by seed 4 kilograms of reproductive material. 9. Any variety that is propa- gated by seed and does not fall within any item in items 1 to 8 1 kilogram of seed. 10. Any variety that is not propagated by seed and does not fall within any item in items 1 to 8 Such stock of reproductive material as is sufficient to produce 120 plants.