In forceAmended2020 Revised Edition

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Plant Varieties Protection Act 2004 · 2020 Revised Edition · Part 4 · Grant and Revocation of Protection

26. Cancellation of grant of protection

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Amended

Last amended by an amending law of 2022.

(1)

An application for cancellation of any grant of protection may be made by any person —

(a)

to the Registrar, on any ground mentioned in subsection (2); or

(b)

to the Court, on the ground mentioned in subsection (3).

(2)

A grant of protection must be cancelled by the Registrar at any time during its term in the event that —

(a)

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;

(b)

in any particular year, the annual fee required under section 24(3) to be paid, or the late fee required under section 24(4) to be paid, has not been paid within the prescribed period; or

(c)

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 is to 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 must remove from the register any grant of protection which has been cancelled under this section.