Plant Breeder 50 Rights
[No.I80(2007 247
(aj privately and for a non-commercial purpose;
(b) for any experimental purpose; or
(c) for the purpose ofbreeiling another variety.
9. (I) A plant breeder's right is personal property and, subject
to any conditions imposed under this Act, is capable of assignment
or of transmission by will or by operation oflaw.
Nature of
plant
breeder's
rights
(2) An assignment of a plant breeder's right does not have
effect unless it is in writing, signed by or on behalf of the assignor.
(3) If a grantee of a plant breeder's right in a plant variety
gives another person a licence in that right, the licence binds any
successor in title to the interest of the grantee to the same extent
as it bound the grantee.
10. (1) A plant breeder may assign the plant breeders rights
to any person.
(2) Where a plant breeder's rights are assigned or transmitted
to any person, the person shall, within thirty days after acquiring
them, inform the Registrar in writing that the person has acquired
the plant breeders rights, giving particulars of the manner in which
the rights are acquired.
(3) The Registrar shall, where satisfied that any rights are
assigned or transmitted, enter the name of the person to whom the
rights are assigned or transmitted on the Register as the grantee of
the plant breeders rights.
(4) The Registrar shall, where the Registrar enters on the
Register as the grantee of a plant breeder's rights the name of a
person who claims to have acquired the plant breeder's rights,
within thirty days after entering the name in the Register, give written
notice to the person newly entered and to the person who was the
grantee before the new entry was made stating that the entry has
been made.
(5) Where the Registrar is not satisfied that a plant breeder's
rights are assigned or transmitted to a person who has informed
the Registrar in accordance with subsection (I), the Registrar
shall-
(ajgive written notice to the claimant0) stating that the Registrar is not satisfied; and
(ii) setting out the grounds on which the Registrar is
not satisfied; and
(b) give written notice to the person entered on the Register
as the holder of the right-
Assignment
of plant
breeder's
rights