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I No. 18 of 2007
Plant Breeder sRights
(2) The Registrar shall, where an objection to the grant of a
plant breeder's rights is lodged under this section, cause a copy of
the objection to be given to the applicant.
(3) An applicant for a plant breeder's rights may contest any
of the grounds of objection and shall, within thirty days, or such
further period as the Registrar may permit from the date of the
receipt ofthe objection, lodge with the Registrar a counter statement
setting out the particulars of the grounds upon which the applicant
contests the objection.
(4) The Registrar shall serve a copy of the counter statement
on the person who gives the notice of objection.
Hearing of
objection
23. (1) The Registrar shall, within fourteen days of receipt of
any objection wlder section twenty-two, infonn the person who
tiled the notice of objection and the applicant ofthe date and place
for the hearing of the objection.
(2) The Registrar may for the purpose of hearing an
objection(a) summon any person who, in the Registrar's opinion, may
give material information concerning the subject of the
hearing or who the Registrar believes has in the person's
possession, custody or control any document which has
any bearing upon the subject ofhearing, to appear before
the Registrar at a time and place specified in the swnmons
and to produce any document;
(b) administer an oath to any person or accept an affirmation
from any person called as a witness at the hearing; and
(c) call any person present at the hearing as a witness and
request that person to produce any document in that
person's possession, custody or control.
(3) The procedure at the hearing of an objection shall be as
prescribed under regulations made under this Act.
(4) Any party to the hearing may be represented by an
advocate.
(5) The Registrar shall, after the hearing of an objection, infom1
the person who filed a notice of objection and the applicant for the
grant of a plant breeder's right, in writing of the decision and the
grounds on which the decision is made by the Registrar.
(6) An application in respect of which the Registrar upholds
an objection shall lapse, and the Registrar shall. by notice in the
Gazette, publish such particulars relating to the lapse as may be
prescribed.