On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 31/01/2006.
PART IX
REGISTER OF PLANT VARIETIES
39.
—(1) The Registrar shall maintain a register of plant varieties.
(2) There shall be entered in the register —
(a)
grants of protection made;
(b)
every decision of the Registrar making or declining the making of a grant;
(c)
the approved denomination for a plant variety;
(d)
such particulars of the grantee as the Registrar may determine; and
(e)
any other matters and information relating to a protected variety or grant of protection whose entry in the register appears to the Registrar to be useful.
(3) The register may be kept in whole or in part using a computer.
(4) Any record of a particular or other matter made by using a computer used for the purpose of keeping the register, or any part of the register, is taken to be an entry in the register.
[HK Plant Ord. 1997, s. 8]
40.
—(1) The register shall be available at the Registry for inspection by any person during the hours when the Registry is open for business.
(2) If the register, or any part of the register, is kept by using a computer, subsection (1) is satisfied if a person who wants to inspect the register or that part of the register is given access to a computer terminal from which he can read on a screen, or obtain a printed copy of, the particulars or other matters recorded in the register or that part of the register.
(3) Any person who applies for a certified copy of an entry in the register or a certified extract from the register shall be entitled to obtain such a copy or extract on payment of the prescribed fee.
(4) Any person who applies for an uncertified copy or extract shall be entitled to such a copy or extract on payment of the prescribed fee.
(5) In relation to any portion of the register kept otherwise than in documentary form, the right to a copy or extract conferred by subsection (3) or (4) is a right to a copy or extract in a form in which it can be taken away.
(6) In this section, “certified copy” and “certified extract” mean a copy and extract certified by the Registrar and sealed with the seal of the Registrar.
[Trade Marks 1999 Ed., s. 68]
41.
—(1) Any person having a sufficient interest may apply to the Registrar for the rectification of an error or omission in the register.
(2) Except where the Registrar directs otherwise, the effect of a rectification of the register is that the error or omission in question is deemed never to have been made.
(3) Subject to subsection (4), an application for rectification may not be made in respect of a matter affecting the validity of a grant of protection.
(4) The Registrar may make any correction in the register pursuant to any Court order affecting a grant of protection.
(5) The Registrar may remove from the register any matter which appears to him to have ceased to have effect.
[HK Plant Ord. 1997, s. 9]
42.
—(1) The Registrar may enter the following in the register:
(a)
any change in the name or address of the grantee;
(b)
any change in ownership of the rights in relation to a grant of protection;
(c)
a note of any licence granted by a grantee,
upon receiving such information under section 24(3) or on request made in the prescribed manner by the grantee of a registered grant of protection.
(2) Where a grant of protection has been transferred to another person, or a licence (including a licence granted under section 34) has been granted or transferred, an entry of this fact shall, upon request and the payment of the prescribed fee, be made in the register.
43. In any proceedings before the Court relating to a grant of protection —
(a)
the entry in the register of a person as a grantee shall be prima facie evidence of the validity of the grant of protection; and
(b)
the entry in the register of any change in ownership of the rights in relation to the grant of protection shall be prima facie evidence of such change in ownership.
[HK Plant Ord. 1997, s. 10]