Plant Varieties Protection Act 2004 · 2020 Revised Edition · Part 8 · Denomination
36. Approval and registration of denomination
Feedback & supportA plant variety in respect of which an application for a grant of protection is made is to have a denomination and, subject to subsections (2) and (3), the denomination must be approved by the Registrar and registered at the time the grant of protection is made.
plant variety
“plant variety” means a plant grouping within a single botanical taxon of the lowest rank which, irrespective of whether the conditions for a grant of protection are fully met, can be —(a)defined by the expression of the characteristics resulting from a given genotype or a combination of genotypes;(b)distinguished from any other plant grouping by the expression of at least one of those characteristics; and(c)considered as a unit with regard to its suitability for being propagated unchanged;
The Registrar must approve and register a proposed denomination for a plant variety if, and only if, in the opinion of the Registrar, it complies with the prescribed requirements.
Registrar
“Registrar” means the Registrar of Plant Varieties mentioned in section 5;
The Registrar must not approve or register a denomination for the plant variety which —
register
“register” means the register of plant varieties maintained under section 39;
consists solely of figures, except where this is an established practice for designating plant varieties;
is likely to mislead or cause confusion concerning the characteristics, value or identity of the plant variety, or the breeder’s identity;
is contrary to any written law or public order, or is likely to be offensive to the public;
is likely to cause confusion with a trade mark, a name, a business or any other rights for which any person other than the applicant enjoys protection under any law; or
is likely to cause confusion with a trade mark for any material of another plant variety or for goods similar to any material of the firstmentioned plant variety for which the applicant enjoys protection under any law.
Where a denomination for a plant variety has previously been submitted in any UPOV member other than Singapore for the purpose of registration in that UPOV member, the denomination submitted for the purpose of an application in Singapore in respect of that plant variety must be the same as the denomination submitted in the UPOV member.
denomination
“denomination” means the distinguishing name or identification for a plant variety;
The Registrar must approve the denomination submitted under subsection (4) upon the grant of protection, unless the Registrar considers the denomination to be unsuitable for use within Singapore.
grant of protection
“grant of protection” means a grant of protection made by the Registrar under section 21;
Where the Registrar refuses to approve a denomination under subsection (2), (3) or (5), the Registrar must require, and the applicant must propose, another denomination within the prescribed period.
applicant
“applicant”, in relation to any application, means the person by whom or on whose behalf the application is made;