s
Plant Breeder Rights
[ No. 18 of2007
259
(2) Where a plant breeder's rights are granted to a public or
private institution, the rights shall accrue to the institution
represented by the designated person or persons.
(3) The agreement referred to under subsection (I), shall be
submitted by the joint holders to the Registrar at the time of grant
of the plant breeder's rights.
32. (I) A plant breeder's right shall only be granted in respect
of genera and species of a prescribed kind.
Genera and
species to be
protected
(2) The Minister may. by notification in the Gazette. extend
the application of this Act to genera and species of any kind of
plant specified in the notification.
33. (1) The Registrar shall keep a Register for purposes of Register
this Act.
(2) Where the Institute grants a plant breeder's rights in respect
ofa plant variety. it shall enter into the Register(a) a description, or a description and photograph, ofthe plant
variety and the denomination of the variety;
(b) the name and other particulars of the variety;
(c) the pedigree of the variety;
(d) the name of the grantee;
(e) the name and address of the breeder or holder of the
plant breeder's right;
(j) the name and address of the person to whom any plant
breeder's rights havebeen transferred;
(g) the address for the service of documents on the grantee
for the purpose of this Act, which is shown on the
application for the rights;
(h) the date on which the plant breeder's rights are granted
and the date of expiry; and
(i) such other particulars relating to the grant as the Institute
considers necessary.
(3) The Register shall be available for inspection by the public
upon payment of the prescribed fee.
(4) The Register shaIl be primafacie evidence of any matter
entered in the Register.
34. Where a plant breeder's rights are granted, the Institute
shaIl, within thirty days after granting the rights, publish the plant
breeder's rights in the Gazette.
Publication
of grant of
plant
breeder's
right