Plant Varieties Protection Act 2004 · 2020 Revised Edition · Part 3 · Application for Grant of Protection
17. Examination of plant variety
Feedback & supportLast amended by an amending law of 2022. 2 amendments in all.
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 —
applicant
“applicant”, in relation to any application, means the person by whom or on whose behalf the application is made;
in such detail as the Registrar or the Examiner may require for examination under subsection (2), a description of —
the origin and breeding of the plant variety concerned (called in this section the candidate variety);
the botanical features of the candidate variety; and
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
propagating material of the candidate variety, but only if the Registrar or the Examiner requests for it.
The Registrar or the Examiner must examine the candidate variety —
Registrar
“Registrar” means the Registrar of Plant Varieties mentioned in section 5;
to verify whether the candidate variety belongs to the stated botanical taxon;
to establish whether the candidate variety is distinct, uniform and stable; and
where the candidate variety is found to meet the requirements in paragraphs (a) and (b), to establish an official description of the variety.
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).
Examiner
“Examiner” means any person, organisation or entity appointed by the Registrar for the purpose of referring any question or matter relating to a grant of protection;
Where the Registrar or the Examiner has made a request for further information, documents or propagating material under subsection (3), the applicant must —
propagating material
“propagating material”, in relation to a plant of a particular plant variety, means any part or product from which, whether alone or in combination with other parts or products of that plant, another plant with the same essential characteristics can be produced;
furnish the information, document or propagating material within the period stated in the written notice; or
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.
The Registrar or the Examiner (as the case may be) may extend the period in subsection (4) in a particular case.