Plant Varieties Protection Act 2004 · 2020 Revised Edition · Part 3 · Application for Grant of Protection
14. Priority resulting from foreign application
Feedback & supportLast amended by an amending law of 2022. 2 amendments in all.
If —
the breeder of a plant variety has made an application in any UPOV member other than Singapore (called in this section the foreign application) for the equivalent of a grant of protection; and
within 12 months after —
the date on which the foreign application was made; or
where more than one foreign application has been made (whether in one UPOV member or more than one UPOV member), the date the earliest foreign application was made,the breeder makes an application for the grant of protection in respect of the plant variety in Singapore,the breeder may, when making the application under this Act, claim a right of priority, and sections 22 and 23 apply to the application for a grant of protection in Singapore as if it had been made on the date the foreign application (or the earliest foreign application) was made.
The breeder must, within the prescribed period after making the claim of a right of priority under subsection (1), submit to the Registrar a copy of any document constituting the foreign application, which must be certified as correct by the authority in the UPOV member to which the foreign application was made.
breeder
“breeder”, in relation to any plant variety, means —(a)subject to paragraph (b), a person who bred, or discovered and developed, the plant variety;(b)if the plant variety was bred, or discovered and developed, by a person in the course of performing the person’s duties or functions as an employee of another person, that other person; or(c)the successor in title to the person in paragraph (a) or (b) (as the case may be);
The breeder is allowed a period of 2 years after the end of the period mentioned in subsection (1)(b) or, where the foreign application (or the earliest foreign application) is rejected or withdrawn, a period of 2 years after the rejection or withdrawal, in which to furnish any necessary information, document or material required for the purpose of the examination under section 17 to the Registrar or an Examiner appointed by the Registrar for the purposes of this subsection (as the case may be) or an examination report under section 18 to the Registrar.