Plant Breeder s Rights
[No.18
of2007
263
(2) The Institute shall not revoke a plant breeders right unless
the breeder is given a reasonable opportunity to file an objection
within thirty days before being heard in the matter.
(3) Where the Institute revokes a plant breeder's rights in
respect of a plant variety in accordance with this section, it shall,
within seven days after the decision is taken, give written notice of
the revocation.
(4) The Institute shall not revoke a plant breeders rights unless
it has given the grantee and any person to whom it believes that
plant breeder's rights has been assigned or transmitted, particulars
of the grounds for the proposed revocation and given the grantee
and the person a reasonable opportunity to make a written
submission in relation to the proposed revocation.
(5) The revocation of a plant breeder's rights in respect of a
plant variety takes effect-(a) subject to subsection (3), at the expiration of the period
within which an application may be made to a court for
a review of the revocation; or
(b) where an application is made to the court, at the time
when the application is withdrawn or finally determined
by a court.
(6) Any person whose interests are affected by the grant of a
plant breeder's rights in respect ofa plant variety may apply to the
Institute for the revocation of that plant breeder's rights in
accordance with this section.
(7) The Institute shall consider any application made under
subsection (6) for the revocation ofa plant breeder's rights.
(8) The decision ofthe Institute not to revoke the plant breeder's
rights shall be communicated to the applicant by a written notice
within seven days after the decision is taken, setting out the grounds
for the decision.
41. (1) A holder of any plant breeder's right who intends to
surrender a plant breeder's right may apply, in writing, to the
Registrar for the surrender of the plant breeder's right.
(2) Where an offer to surrender a right is made under
subsection (1), the Registrar shall, within thirty days, give notice in
the Gazette to any interested person, registered agent or licensee
of the plant breeder's right.
(3) Any person who is aggrieved by the proposed surrender of
a plant breeder's right, may within sixty days from the date of the
notice in the Gazetle, give notice to the Registrar specifying, in
writing, the grounds for the objection.
Surrender of
plant
breeder's
right