Singapore legislation
Clause 26
Clause 26
Cancellation of grants of protection
(1)
An application for cancellation of any grant of protection may be made by any person —
to the Registrar, on any ground referred to in subsection (2); or
to the Court, on the ground referred to in subsection (3).
(2)
A grant of protection shall be cancelled by the Registrar at any time during its term in the event that —
the grantee, after having been requested by the Registrar to provide such information, documents or material as the Registrar thinks fit for verifying the maintenance of the plant variety, failed to do so within the period specified by the Registrar;
in any particular year, the annual fee required under section 24(3) to be paid, has not been paid within the prescribed period; or
the grantee, after having been requested by the Registrar to propose another suitable denomination under section 38, failed to do so within the prescribed period.
(3)
A grant of protection shall be cancelled by the Court at any time during its term in the event that it is established that the plant variety is no longer stable or uniform within the meaning of section 22(1)(c) or (d), respectively.
(4)
The Registrar shall remove from the register any grant of protection which has been cancelled under this section.