On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 01/03/2007.
PART IV
GRANT AND REVOCATION OF PROTECTION
21.
—(1) The Registrar shall —
(a)
except where an application has been withdrawn or has lapsed under section 19, make a grant of protection in respect of every application that is eligible for the making of a grant of protection; and
(b)
decline to make a grant of protection in respect of every application that is not eligible for the making of a grant of protection.
(2) An application shall be treated as being eligible for the making of a grant of protection if, and only if —
(a)
(b)
the Registrar —
(i)
has approved, for the plant variety in respect of which the application was made, the denomination proposed by the applicant under section 36;
(ii)
is satisfied that the applicant is the breeder of that plant variety; and
(iii)
is satisfied that that plant variety is new, distinct, stable and uniform within the meaning of section 22.
[HK Plant Ord. 1997, s. 18; ICPNVP 1991, Arts. 6, 7, 8 and 9]
22.
—(1) For the purpose of sections 16(2), 21(2)(b)(iii) and 25(2)(a) —
(a)
a plant variety is new if harvested or propagating material of the plant variety has not been sold or otherwise disposed of to another person, by or with the consent of the breeder for the purposes of exploitation of the plant variety —
(i)
earlier than 12 months before the date the application is made, where the sale or disposal and the exploitation of the plant variety is in Singapore; and
(ii)
earlier than 6 years before that date in the case of trees or vines, or earlier than 4 years before that date in any other case, where the sale or disposal and the exploitation of the plant variety is outside Singapore;
(b)
a plant variety is distinct if it is clearly distinguishable from any other plant variety whose existence is a matter of common knowledge at the time of the making of the application;
(c)
a plant variety is stable if its relevant characteristics remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each cycle; and
(d)
a plant variety is uniform if, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in its relevant characteristics.
(2) For the purposes of subsection (1)(a), where, in order to increase the stock of a plant variety or for any testing of a plant variety, the breeder of the plant variety makes any arrangement under which —
(a)
propagating material of that plant variety is to be sold to or used by some other person; and
(b)
any unused portion of that propagating material, and all the material of any type produced from that propagating material, is —
(i)
to be sold to the breeder by that other person; or
(ii)
otherwise to become the property of the breeder,
no account shall be taken of any sale or disposal under that arrangement.
(3) For the purposes of subsection (1)(a), a plant variety does not cease to be new by virtue only of the sale or disposal at any time of —
(a)
material that is not propagating material or harvested material; or
(b)
propagating material if sold or disposed of as a by-product or a surplus product of the creation of that plant variety, provided that —
(i)
the material is sold or disposed of without variety identification for purposes of consumption; and
(ii)
having been produced during the breeding, increase of stock, test, or trial of that plant variety, the material is not or no longer required for any of those activities.
(4) For the purpose of subsection (1)(b), the making of an application in any country for —
(a)
a grant of protection in respect of a plant variety; or
(b)
the entering of a plant variety in an official register of plant varieties,
shall be deemed to render that plant variety a matter of common knowledge from the date of application, provided that the application leads to a grant of protection in respect of that plant variety or to the entering of that plant variety in the official register of plant varieties, as the case may be.
[HK Plant Ord. 1997, s. 18]
23. Where —
(a)
before a grant of protection has been made in respect of any plant variety, 2 or more applications in respect of that plant variety have been made;
(b)
the Registrar is satisfied that the applicants concerned are persons who bred, or discovered and developed, that plant variety independently, or are successors of such persons; and
(c)
the Registrar is satisfied that, but for this section, each of those applicants would be entitled to a grant of protection in respect of that plant variety,
the Registrar shall make a grant of protection to the applicant whose application was made first.
[HK Plant Ord. 1997, s. 19]
24.
—(1) The Registrar shall endorse on every grant of protection the date of the grant of protection.
(2) Subject to sections 25 and 26, the term of a grant of protection shall be a period of 25 calendar years from the date of the grant of protection.
(3) The grantee shall during the term of the grant of protection pay an annual fee of a prescribed amount and furnish such information as the Registrar may require in the prescribed manner and within the prescribed period.
[ICPNVP 1991, Art. 19]
25.
—(1) An application for a declaration of invalidity of any grant of protection on any ground referred to in subsection (2) may be made by any person to the Court.
(2) A grant of protection shall be declared invalid if the Court is satisfied that —
(a)
the plant variety concerned is not new or distinct within the meaning of section 22;
(b)
where the grant of protection was made on the basis of an examination report by a prescribed examination authority lodged under section 18, the plant variety was not, at the time the grant of protection was made, stable or uniform within the meaning of section 22(1)(c) or (d), respectively; or
(c)
the grant of protection has been made to a person who is not entitled to it, unless it has since been transferred to the person who is so entitled.
(3) The Registrar shall remove from the register any grant of protection which has been declared invalid by the Court under this section.
[ICPNVP 1991, Art. 21]
26.
—(1) An application for cancellation of any grant of protection may be made by any person —
(a)
to the Registrar, on any ground referred to in subsection (2); or
(b)
to the Court, on the ground referred to in subsection (3).
(2) A grant of protection shall be cancelled by the Registrar at any time during its term in the event that —
(a)
the grantee, after having been requested by the Registrar to provide such information, documents or material as the Registrar thinks fit for verifying the maintenance of the plant variety, failed to do so within the period specified by the Registrar;
(b)
in any particular year, the annual fee required under section 24(3) to be paid, has not been paid within the prescribed period; or
(c)
the grantee, after having been requested by the Registrar to propose another suitable denomination under section 38, failed to do so within the prescribed period.
(3) A grant of protection shall be cancelled by the Court at any time during its term in the event that it is established that the plant variety is no longer stable or uniform within the meaning of section 22(1)(c) or (d), respectively.
(4) The Registrar shall remove from the register any grant of protection which has been cancelled under this section.
[HK Plant Ord. 1997, s. 24; ICPNVP 1991, Art. 22]
27.
—(1) A grantee may, in writing to the Registrar, renounce his grant of protection.
(2) The Registrar shall remove from the register any grant of protection which has been renounced under subsection (1).