262
[ No. 18 of2007
s
Plant Breeder Rights
(a) the variety was not a new plant variety; or
(b) facts exist which, if known to the Institute before the
grant of that plant breeder's rights, would have resulted
in the refusal of the grant.
(6)
The court may, where it is satisfied that a
grant for revocation of a plant breeder's right exists, make an order
revoking that right.
(7) The court shall, where it makes an order under subsection
(6), order the defendant to serve on the Registrar a copy of the
order revoking that right.
40. (I) The Institute shall revoke a plant breeders rights in
respect of a plant variety where(a) it is satisfied that the plant variety was not new or that
facts exist which, ifknown before the grant of the plant
breeder's right would have resulted in the refusal of the
grant;
(b) the grant of the plant breeder's right is based on incorrect
information furnished by the applicant;
(c) the grant of the plant breeder's right has been granted to
a person who is not eligible for protection under this
Act;
(d) the breeder did not provide the Registrar with the
information, documents or material required for
registration under this Act;
(e) the breeder did not provide the necessary seed or
propagation material to the person to whom a
compulsory licence has been issued under this Act
regarding the variety in respect of which the plant
breeder's right has been issued to a breeder;
(J)a person to whom the plant breeder's rights are assigned
or transmitted has failed to comply with the provisions
of this Act;
(g) the breeder has not complied with any provision of this
Act;
(h) the breeder has failed to provide the passport data of the
parent lines from which the variety, in respect of which
the plant breeder's right has been issued to a breeder,
is derived;
(i) the breeder has failed to comply with the directions of the
Registrar issued under this Act;
O)the grant of the plant breeder's right is against public
interest; and
(k) the breeder has not paid the prescribed annual fees.
Revocation
of plant
breeder's
right
I '
"