—(1) For the purpose of sections 16(2), 21(2)(b)(iii) and 25(2)(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 —
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
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;
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;
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
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 —
propagating material of that plant variety is to be sold to or used by some other person; and
any unused portion of that propagating material, and all the material of any type produced from that propagating material, is —
to be sold to the breeder by that other person; or
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 —
material that is not propagating material or harvested material; or
propagating material if sold or disposed of as a by-product or a surplus product of the creation of that plant variety, provided that —
the material is sold or disposed of without variety identification for purposes of consumption; and
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 grant of protection in respect of a plant variety; or
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]