252
[No. 18 of 2007
Plant Breeder sRights
(2) The Registrar shan accept an application if-
(a) no other application has or would have an earlier priority
date in the variety;
(b) the application complies with the requirements of this Act;
and
(c) the application establishes a prima facie case for treating
the plant variety as distinct from other varieties.
(3) The Registrar shall reject an application which does not meet
the preliminary requirements referred to under subsection (2).
(4) The Registrar shall if the Registrar accepts or rejects the
application(a) give written notice to the applicant infonning the applicant
that the application has been accepted or rejected; and
(b)
within seven days of notifying the applicant, give
public notice of the acceptance or rejection of the
application, as the case may be.
(5) The Registrar shall, where the Registrar rejects an
application under this section, give reasons therefor to the applicant.
Amendment
of
application
19. (1) An applicant may, with the approval of the Registrar,
at any time after the acceptance of the application but before the
conclusion ofthe examination ofthe application and of any objection
to the application, amend the application or the proposed
denomination of the plant variety.
(2) Where, before the conclusion of the examination of any
application, the right of an applicant to apply for a plant breeder's
right in a particular plant variety is assigned to, or is transmitted by
win or operation of law to another person, the other person may
apply to the Registrar, in the prescribed marmer and form, to vary
the application so that person is shown as the applicant.
(3) The Registrar shall vary an application where upon an
application made under subsection (2), it is shown that the right to
apply for a plant breeder's right in any particular plant variety has
been assigned to, or has been transmitted by will or operation of
law to another person so that that person is shown as the applicant.
(4) The Registrar shall, where the Registrar rejects any
application under this section, inform the applicant and give reasons
for the rejection.
(5) The Registrar shall, where the Registrar varies an
application under this section, give written notice to the applicant
that the application has been so varied.
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