On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 01/03/2007.
PART V
SCOPE AND NATURE OF GRANT OF PROTECTION
28.
—(1) Subject to sections 31 and 32, a grantee in respect of any protected variety shall be entitled to prevent a person from doing any of the following acts in respect of the propagating material of the protected variety without the authorisation, by way of a licence or otherwise, of the grantee:
(a)
production or reproduction;
(b)
conditioning for the purpose of propagation;
(c)
offering for sale;
(d)
selling or other forms of marketing;
(e)
export;
(f)
import;
(g)
stocking for any of the purposes specified in paragraphs (a) to (f).
(2) The grantee may give his authorisation subject to conditions and limitations.
(3) A grant of protection is personal property and may be assigned or transmitted in the same way as other personal property.
(4) An assignment of a grant of protection under subsection (3) is not effective unless it is in writing and signed by or on behalf of the assignor.
(5) Subject to subsection (6), a licence granted by a grantee in respect of any protected variety is binding on every successor in title to the grantee’s interest —
(a)
except any person who, in good faith and without any notice (actual or constructive) of the licence, has given valuable consideration for the interest in the grant of protection; or
(b)
unless the licence provides otherwise,
and any reference in this Act to doing anything with, or without, the consent of the grantee shall be construed accordingly.
(6) Every person shall be deemed to have notice of a licence if the prescribed particulars of the grant of the licence are entered in the register under section 42.
(7) Subject to sections 31 and 32, the rights of a grantee under subsection (1) shall also apply to harvested material, including entire plants and parts of plants, obtained through the unauthorised use of propagating material of the protected variety unless the grantee has had a reasonable opportunity, before the harvested material was obtained, to exercise his rights in relation to the unauthorised use of the propagating material.
[HK Plant Ord. 1997, s. 25; ICPNVP 1991 Art. 14 (1) and (2)]
29.
—(1) Where a grant of protection is made under section 21, that grant of protection shall also extend to —
(a)
any plant variety which is essentially derived from the plant variety in respect of which the grant of protection was made (referred to in this section as the original plant variety);
(b)
any plant variety which is not distinct in accordance with section 22(1)(b) from the original plant variety; and
(c)
any plant variety the production of which requires the repeated use of the original plant variety.
(2) For the purposes of this section, a plant variety shall be treated as being essentially derived from the original plant variety if —
(a)
it is predominantly derived from the original plant variety or from a plant variety that is itself predominantly derived from the original plant variety;
(b)
it retains the expression of the essential characteristics that result from the genotype or a combination of genotypes of the original plant variety;
(c)
it is clearly distinguishable from the original plant variety; and
(d)
except for the differences which result from the act of derivation, it conforms to the original plant variety in the expression of the essential characteristics that result from the genotype or a combination of genotypes of the original plant variety.
30.
—(1) A grant of protection is infringed by any person who —
(a)
not being entitled by any licence or transfer or otherwise, does in Singapore, or authorises the doing in Singapore of, any act specified in section 28(1) in respect of any propagating material or harvested material of a protected variety;
(b)
where propagating material of the protected variety has been imported into Singapore, propagates, sells or uses that material as propagating material without the authority of the grantee concerned; or
(c)
imports into Singapore, without the consent of the grantee —
(i)
from a country that is not a UPOV member, any harvested material of the protected variety; or
(ii)
from a UPOV member, any harvested material of the protected variety in respect of which it is not possible to make the equivalent of a grant of protection under the law of that member.
(2) Subject to the provisions of this Act, the relief that the Court may grant in an action for an infringement of a grant of protection includes an injunction (subject to such terms, if any, as the Court thinks fit) and either damages or an account of profits.
(3) Where, in an action under this section —
(a)
an infringement of a grant of protection is established; and
(b)
the Court is satisfied that it is proper to do so, having regard to —
(i)
the flagrancy of the infringement;
(ii)
any benefit shown to have accrued to the defendant by reason of the infringement; and
(iii)
all other relevant matters,
the Court may, in assessing damages for the infringement, award such additional damages as it considers appropriate in the circumstances.
(4) Where, in any action under this section, it is proved or admitted that an infringement was committed but proved by the defendant that, at the time of that infringement, the defendant was not aware and had no reasonable grounds for supposing that it was an infringement, the plaintiff shall not be entitled under this section to any damages against the defendant in respect of that infringement, but shall be entitled instead to an account of profits in respect of that infringement.
(5) Nothing in subsection (4) shall affect any entitlement of a grantee to any relief in respect of the infringement of that grantee’s rights under this Act other than damages.
31.
—(1) It is not an infringement of a grant of protection in respect of a protected variety for any person to do —
(a)
any act privately and for a non-commercial purpose;
(b)
any act for any experimental or research purpose; or
(c)
any act for the purposes of breeding any other plant variety and, except in the case of an essentially derived or other plant variety to which the grant of protection is extended by virtue of section 29(1), any act that requires the authorisation of the grantee under section 28(1) in respect of such other variety.
(2) It is not an infringement of a grant of protection for any person engaging in farming activities to use, for propagating purposes and for the purpose of safeguarding agricultural or horticultural production, on his own holdings, harvested material from the protected variety where —
(a)
the genera or species within which the protected variety is classified has been prescribed for the purposes of this section as exempt from the rights of a grantee; and
(b)
the harvested material —
(i)
has been obtained by purchase or otherwise with the authority of the grantee concerned; or
(ii)
having been obtained in accordance with sub-paragraph (i), has subsequently been propagated or grown on those holdings.
[HK Plant Ord. 1997, s. 26; ICPNVP 1991, Art. 15]
32.
—(1) An act concerning —
(a)
any material of a protected variety which has been sold or otherwise marketed in Singapore by or with the consent of the grantee; or
(b)
any material that is derived from such material,
does not infringe a grant of protection, unless such act involves —
(i)
further propagation of the protected variety; or
(ii)
the export of any material of that protected variety which enables the propagation of the protected variety to a country which does not protect varieties of the plant genus or species to which the protected variety belongs, except where the exported material is for final consumption purposes.
(2) In this section, “material” means —
(a)
propagating material of any kind; and
(b)
harvested material, including entire plants and parts of plants.