258
[ No. 18 of 2007
Grant of
plant
breeder's
rights
Joint holders
of breeder's
rights
s
Plant Breeder Rights
30. (I) The Institute shall grant a plant breeders rights in respect
of a plant variety where it is satisfied that-
(a) there is such a plant variety and the application conforms
to the requirement of this Act;
(b) the plant variety is a registrable plant variety within the
meaning of section twenty-nine;
(c) the applicant is entitled to make the application;
(d) the grant of the rights to the applicant is not prohibited by
this Act;
(e) the rights have not been granted to another person;
(f) the application is not subject to any objection;
(g) there has been an earlier application for the rights that
has not been withdrawn or otherwise disposed of; and
(h) all fees payable under this Act in relation to the application
have been paid.
(2) Where the Institute is not satisfied that the conditions in
subsection (1) are met, the Institute shall not grant any plant
breeder's rights to the applicant.
(3) The Institute shall not grant any plant breeders rights in
respect of a plant variety unless a period of six months has elapsed
since the publication of the application in the gazette, or if the
application has been varied in any manner that the Institute considers
to be significant, a period of six months has elapsed since the
publication of any particulars of the variation, or of the last variation.
(4) The Institute shall not refuse to grant a plant breeders
rights unless it has given the applicant a reasonable opportunity to
make a written submission in relation to the application.
(5) Where an objection to the grant of a plant breeders rights
is lodged, the Institute shall not grant the plant breeder's rights
unless it gives the person who lodged the objection a reasonable
opportunity to make a written submission in relation to the objection.
(6) A plant breeder's rights shall be granted and issued by the
Institute to the applicant in a prescribed form.
(7) Where the Authority refuses to grant a plant breeders rights
in respect of a plant variety, the Institute shall, within thirty days
give written notice of the refusal to the applicant clearly setting out
the grounds for the refusal.
31. (1) Where a plant breeder's rights over one variety is
granted to a group of persons, the plant breeder's rights shall be
granted to those persons jointly and the rights of each person shall
be subject to any written agreement between them.