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Register of Plant Breeder’s Rights

Protection Of New Plant Varieties Regulations, reg. 4 · Revised Edition 2020

(1) The Registrar shall maintain the Register of Plant Breeder’s Rights referred to in section 3 (2) of the Act in such form as the Registrar considers appropriate. (2) The Registrar shall, in relation to an application for a grant, enter in the Register the following particulars– (a) the name of the species of the relevant variety; (b) the proposed denomination of the relevant variety or the applicant’s reference for identifying the relevant variety; (c) the application number assigned by the Registrar to the application; (d) the date on which the provisional protection took effect under section 40 of the Act; (e) the name and address of the applicant and if the applicant is not the person who bred or discovered or developed the relevant variety, the name and address of such person; (f) the Registrar’s decision of making or declining to make the grant applied for, as and when such decision is made, and the date of such decision; and (g) such other particulars as the Registrar considers to be important or useful. (3) The Registrar shall, in relation to a grant, enter in the Register the following particulars8 (a) the grantee’s name and address; (b) the date of the grant; (c) the duration of the grant; (d) the denomination approved by the Registrar for the protected variety; (e) the reference number under which the description of the protected variety’s distinctive features are filed in the Registrar’s file record kept under subregulation (7); (f) details of any cancellation of the grant; (g) where the Registrar is satisfied that any person other than the original grantee has become entitled to the grant or to a share in the rights of the grant, details of the entitlement; (h) where the grant was made pursuant to a priority accorded under section 29 of the Act, details of the equivalent application concerned; and (i) such other particulars as the Registrar considers to be important and useful. (4) A grantee who has changed his name or address shall apply to the Registrar in writing for amendment of the Register accordingly, and shall, if required, furnish the Registrar with documentary evidence in support of the change in name or address. (5) On the application of a person for the rectification of an error or omission in the Register, the Registrar may, if he opines that the rectification may affect the interest of any person (other 9 than the person making the application for rectification), publish details of it in the Journal before making a decision. (6) Any document delivered to, served on or given to the Registrar in connection with any application may be amended with the consent of the Registrar after application in writing made to him by the person by whom or on whose behalf the document has been delivered, served or given. (7) The Registrar shall keep a file record of the description of the distinctive features of the protected varieties and shall hold the same available for public inspection at his Office during such hours of business as he may specify.
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