Singapore legislation

Section 17

of Plant Varieties Protection Act 2004

Section 17

Examination of plant variety

Amended by16/201416/201416/201416/2014

(1)

Subject to section 18, the applicant must, within the prescribed period after making an application, give to the Registrar or any Examiner appointed by the Registrar for the purposes of this section —

(a)

in such detail as the Registrar or the Examiner may require for examination under subsection (2), a description of —

(i)

the origin and breeding of the plant variety concerned (called in this section the candidate variety);

(ii)

the botanical features of the candidate variety; and

(iii)

at least one plant variety that is, to the breeder’s knowledge, most similar to the candidate variety and at least one characteristic which distinguishes the candidate variety from such other variety or varieties; and

(b)

propagating material of the candidate variety.

Amended by16/2014

(2)

The Registrar or the Examiner must examine the candidate variety —

(a)

to verify whether the candidate variety belongs to the stated botanical taxon;

(b)

to establish whether the candidate variety is distinct, uniform and stable; and

(c)

where the candidate variety is found to meet the requirements in paragraphs (a) and (b), to establish an official description of the variety.

Amended by16/2014

(3)

The Registrar or the Examiner may by written notice request the applicant to furnish any further information, document or propagating material of the candidate variety and of any similar plant variety in addition to any plant variety mentioned in subsection (1)(a)(iii).

Amended by16/2014

(4)

Where the Registrar or the Examiner has made a request for further information, documents or propagating material under subsection (3), the applicant must —

(a)

furnish the information, document or propagating material within the period stated in the written notice; or

(b)

where the information, document or propagating material is not available, notify the Registrar or the Examiner (as the case may be) of this fact within that period.

Amended by16/2014