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Contents

Long Title

Part I PRELIMINARY

Part II ADMINISTRATION

Part III APPLICATION FOR GRANT OF PROTECTION

Part IV GRANT AND REVOCATION OF PROTECTION

Part V SCOPE AND NATURE OF GRANT OF PROTECTION

Part VI AUTHORISATION AND COMPULSORY LICENCES

Part VII NOTICE OF PROTECTION

Part VIII DENOMINATION

Part IX REGISTER OF PLANT VARIETIES

Part X OFFENCES

Part XI MISCELLANEOUS

THE SCHEDULE Plant genera and species to which Act applies

Legislative Source Key

Legislative History

 
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On 24/04/2014, you requested the version in force on 24/04/2014 incorporating all amendments published on or before 24/04/2014. The closest version currently available is that of 07/03/2014.
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PART III
APPLICATION FOR GRANT OF PROTECTION
Application for grant of protection
13.
—(1)  An application for a grant of protection for a plant variety shall be made by the breeder of that plant variety in the prescribed manner to the Registrar.
(2)  The application shall contain or be accompanied by the following:
(a)
a description of the plant variety;
(b)
the proposed denomination for the plant variety which qualifies for approval and registration under section 36;
(c)
an address for service in relation to that application, being an address within Singapore; and
(d)
if a right of priority is claimed under section 14, full particulars of the relevant priority application.
(3)  The application shall be accompanied by an application fee and such other fees as may be prescribed.
(4)  An application that complies with subsections (1), (2) and (3) at the time it is received at the Registry shall, for the purposes of this Act, be deemed to be made at that time.
(5)  An application that does not comply with subsection (1), (2) or (3) at the time it is received shall nevertheless be deemed to be made at that time if it is rectified within such time and in such manner as the Registrar may specify.
(6)  The Registrar shall, if satisfied that an application complies with subsections (1), (2) and (3) —
(a)
publish the application and the proposed denomination for the plant variety in the prescribed manner; and
(b)
notify the applicant of the publication.
[Sweden Plant Act 1997, Art. 2]
Priority resulting from foreign application
14.
—(1)  If —
(a)
the breeder of a plant variety has made an application in any UPOV member other than Singapore (referred to in this section as the foreign application) for the equivalent of a grant of protection; and
(b)
within 12 months after —
(i)
the date on which the foreign application was made; or
(ii)
where more than one foreign application has been made (whether in one UPOV member or more than one UPOV member), the date the earliest foreign application was made,
the breeder makes an application for the grant of protection in respect of the plant variety in Singapore,
the breeder may, when making the application under this Act, claim a right of priority and sections 22 and 23 shall apply to the application for a grant of protection in Singapore as if it had been made on the date the foreign application (or the earliest foreign application) was made.
(2)  The breeder shall, within 3 months of making the claim of a right of priority under subsection (1), submit to the Registrar a copy of any document constituting the foreign application, which must be certified as correct by the authority in the UPOV member to which the foreign application was made.
(3)  The breeder shall be allowed a period of 2 years after the expiration of the period referred to in subsection (1)(b) or, where the foreign application (or the earliest foreign application) is rejected or withdrawn, a period of 2 years after such rejection or withdrawal, in which to furnish any necessary information, document or material required for the purpose of the examination under section 17 to the Registrar or a local prescribed examination authority, as the case may be, or an examination report under section 18 to the Registrar.
[HK Plant Ord. 1997, s. 20]
Publication
15.  The Registrar shall publish the following information in the prescribed manner at regular intervals:
(a)
applications for grant of protection;
(b)
registrations of denominations for protected varieties;
(c)
withdrawals of applications for grant of protection;
(d)
rejections of applications for grant of protection;
(e)
grants of protection made;
(f)
any change in the breeder or procedural representative in respect of a plant variety;
(g)
lapses of grants of protection;
(h)
licences in relation to grants of protection, where applicable;
(i)
any other matters which the Registrar thinks fit.
[UPOV Model Law 1996, Art. 30]
Objections to denomination and grant of protection
16.
—(1)  Any person may, within the prescribed period after the publication of a denomination, by notice in writing to the Registrar, object to the approval of that denomination.
(2)  Any person may, within the prescribed period after the publication of an application for a grant of protection for a plant variety, by notice in writing to the Registrar, object to the making of a grant in respect of that plant variety on the ground that the plant variety is not new within the meaning of section 22.
(3)  The Minister may make rules to provide for objection proceedings and for matters relating thereto.
(4)  If a person who neither resides nor carries on business in Singapore makes an objection under this section, the Registrar may require the person to give security for the costs of the proceedings and may, if security is not given, dismiss the proceedings.
[HK Plant Ord. 1997, s. 14]
Examination of plant variety
17.
—(1)  Subject to section 18, the applicant shall, within the prescribed period after making an application, give to the Registrar or any prescribed examination authority in Singapore (referred to in this section as a local prescribed examination authority) —
(a)
in such detail as the Registrar or the local prescribed examination authority may require for examination under subsection (2), a description of —
(i)
the origin and breeding of the plant variety concerned (referred to in this section as the candidate variety);
(ii)
the botanical features of the candidate variety; and
(iii)
at least one plant variety that is, to the knowledge of the breeder, most similar to the candidate variety and at least one characteristic which distinguishes the candidate variety from such other variety or varieties; and
(b)
propagating material of the candidate variety.
(2)  The Registrar or the local prescribed examination authority shall examine the candidate variety —
(a)
to verify whether the candidate variety belongs to the stated botanical taxon;
(b)
to establish whether the candidate variety is distinct, uniform and stable; and
(c)
where the candidate variety is found to meet the requirements in paragraphs (a) and (b), to establish an official description of the variety.
(3)  The Registrar or the local prescribed examination authority may, by way of written notice, request the applicant to furnish any further information, document or propagating material of the candidate variety and of any similar plant variety in addition to any plant variety referred to in subsection (1)(a)(iii).
(4)  Where the Registrar or the local prescribed examination authority has made a request for further information, documents or propagating material under subsection (3), the applicant shall —
(a)
furnish such information, document or propagating material within the period stated in the written notice; or
(b)
where such information, document or propagating material is not available, notify the Registrar or the local prescribed examination authority, as the case may be, of this fact within that period.
[HK Plant Ord. 1997, s. 13; UPOV Model Law 1996, Art. 37]
Corresponding examination
18.
—(1)  Subject to subsection (2), the applicant may, instead of complying with the provisions in section 17, lodge with the Registrar in such manner as the Registrar may require and within the prescribed period, an examination report issued and certified by a prescribed examination authority in any UPOV member other than Singapore.
(2)  The Registrar may reject an examination report lodged under subsection (1), in which case the applicant shall comply with the provisions in section 17.
Withdrawal or lapse of application
19.
—(1)  Any application may be withdrawn by the applicant at any time before a grant of protection is made in respect of it.
(2)  The withdrawal of an application shall not affect the liability of the applicant for any fees that may have become payable up to the date of that withdrawal.
(3)  Where any information, document or material required to be given to the Registrar or a local prescribed examination authority under the provisions of this Act is not supplied within the period stated in the written notice issued by the Registrar or the local prescribed examination authority, as the case may be, requiring such information, document or material, the application concerned shall lapse upon the expiration of that period.
[HK Plant Ord. 1997, s. 15]
Provisional protection
20.  Where a grant of protection for a plant variety has been made under section 21, the grantee shall have the right to take proceedings in respect of the protected variety under this Act as if the grant of protection had been made on the date the application for that grant of protection was published under section 15.
[HK Plant Ord. 1997, s. 17; ICPNVP 1991, Art. 13]