Plant Varieties Protection Act 2004 · 2020 Revised Edition · Part 4 · Grant and Revocation of Protection
25. Grounds of invalidity of grant of protection
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An application for a declaration of invalidity of any grant of protection on any ground mentioned in subsection (2) may be made by any person to the Court.
A grant of protection is to be declared invalid if the Court is satisfied that —
grant of protection
“grant of protection” means a grant of protection made by the Registrar under section 21;
the plant variety concerned is not new or distinct within the meaning of section 22;
where the grant of protection was made on the basis of an examination report by an Examiner lodged under section 18, the plant variety was not, at the time the grant of protection was made, stable or uniform within the meaning of section 22(1)(c) or (d), respectively; or
the grant of protection has been made to a person who is not entitled to it, unless it has since been transferred to the person who is so entitled.
The Registrar must remove from the register any grant of protection which has been declared invalid by the Court under this section.
Registrar
“Registrar” means the Registrar of Plant Varieties mentioned in section 5;