Singapore legislation

Clause 28

Scope and nature of grant of protection

(1)

Subject to sections 31 and 32, a grantee in respect of any protected variety shall be entitled to prevent a person from doing any of the following acts in respect of the propagating material of the protected variety without the authorisation, by way of a licence or otherwise, of the grantee:

(a)

production or reproduction;

(b)

conditioning for the purpose of propagation;

(c)

offering for sale;

(d)

selling or other forms of marketing;

(e)

export;

(f)

import;

(g)

stocking for any of the purposes specified in paragraphs (a) to (f).

(2)

The grantee may give his authorisation subject to conditions and limitations.

(3)

A grant of protection is personal property and may be assigned or transmitted in the same way as other personal property.

(4)

An assignment of a grant of protection under subsection (3) is not effective unless it is in writing and signed by or on behalf of the assignor.

(5)

Subject to subsection (6), a licence granted by a grantee in respect of any protected variety is binding on every successor in title to the grantee’s interest —

(a)

except any person who, in good faith and without any notice (actual or constructive) of the licence, has given valuable consideration for the interest in the grant of protection; or

(b)

unless the licence provides otherwise,and any reference in this Act to doing anything with, or without, the consent of the grantee shall be construed accordingly.

(6)

Every person shall be deemed to have notice of a licence if the prescribed particulars of the grant of the licence are entered in the register under section 42.

(7)

Subject to sections 31 and 32, the rights of a grantee under subsection (1) shall also apply to harvested material, including entire plants and parts of plants, obtained through the unauthorised use of propagating material of the plant variety unless the grantee has had a reasonable opportunity, before the harvested material was obtained, to exercise his rights in relation to the unauthorised use of the propagating material.

Read in full context — Plant Varieties Protection Bill →