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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 23/05/2013, you requested for the version in force on 23/05/2013 incorporating all amendments published on or before 23/05/2013. The closest version currently available is that of 01/03/2007.
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Making of grant 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except where an application has been withdrawn or has lapsed under section 19, make a grant of protection in respect of every application that is eligible for the making of a grant of protection; and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)
the applicant has complied with section 13 and section 17 or 18, as the case may be; and
(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]