Plant Varieties Protection Rules

In these Rules, unless the context otherwise requires —

Unless the context otherwise requires, the word “month”, wherever it occurs in any decision, direction or other document issued by the Registrar, means calendar month.

Any period of time fixed by these Rules or by any decision, direction or other document for the doing of any act shall be reckoned in accordance with paragraphs (4) and (5).

Where the act is required to be done within a specified period from or after a specified date, the specified period begins immediately after that date.

Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.

The fees specified in the Second Schedule shall be payable to the Registrar in respect of the matters specified in the Schedule.

Unless otherwise provided for in the Act or these Rules, or the Registrar permits or directs otherwise in any particular case —

Subject to paragraph (4), a fee must be paid using the mode of payment permitted or directed by the Registrar.

Where the electronic online system is used to carry out an act mentioned in rule 68A, the fee payable in connection with that act must, unless otherwise permitted or directed by the Registrar, be paid using the mode of payment designated by the electronic online system.

The Registrar shall publish in the Plant Varieties Protection Journal —

The Registrar may modify any form in any particular case or class of cases.

Any reference in these Rules to a numbered form shall be construed as a reference to the current version of the form bearing the corresponding number which is published in the Plant Varieties Protection Journal.

The Registrar may refuse to accept or process any document filed at the Registry that fails to comply with the Act or these Rules.

Every document filed at the Registry shall —

Where the Registrar refuses to accept any document that does not comply with paragraph (2), the Registrar must give the person that filed the document a notice stating the manner in which the document does not comply with that paragraph.

Where any document filed at the Registry is a copy, the Registrar may —

The Registrar may require the filing of a hard copy of any document filed using the electronic online system.

A document to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by —

A document to be signed for or on behalf of a body corporate shall be signed by a director, the company secretary or other principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the body corporate.

A document to be signed for or on behalf of an unincorporated body or association of persons may be signed by any person who appears to the Registrar to be qualified to so sign.

In this rule, “document” means any document to be given or sent to, filed with or served on the Registrar in any manner in respect of any matter under the Act or these Rules.

Where the Act or these Rules authorise or require any document to be given or sent to, filed with or served on the Registrar, the giving, sending, filing or service must be effected on the Registrar by sending an electronic communication of the document using the electronic online system.

Where the Act or these Rules authorise or require a party to give or send a document to, or serve a document on, another party (other than the Registrar), the giving, sending or service may be effected —

Where the Act or these Rules authorise or require any notice or other document to be given or sent to or served on any party by the Registrar, the Registrar may send the notice or other document to that party —

Subject to paragraph (5), the Registrar may, in a particular case, permit the giving, sending, filing or serving of a document in a manner other than provided by paragraph (1) or (2).

However, the use of electronic means under paragraph (2)(d), (3)(d) or (4) must be with the consent (express or implied) of —

Where any notice or other document is sent by post under paragraph (2) or (3), the giving, sending or serving (as the case may be) of the notice or document is treated (until the contrary is proved) as occurring at the time at which the notice or document would have been delivered in the ordinary course of post.

For the purposes of paragraphs (2) and (3), a notice or other document is sent to a party by post if the notice or other document is sent by prepaid post to the party at the party’s address for service mentioned in rule 9.

Despite the availability of an address for service provided under rule 9, where any document is given or sent to, filed with or served on a person by sending an electronic communication in the manner permitted by paragraph (2)(ca) or (d), (3)(d) or (4), that document is taken to have been duly given or sent to, filed with or served on the person.

Service of any notice or other document under the Act or these Rules on a person by electronic communication using the electronic online system may be effected only if the person is registered as an account holder in accordance with any practice directions issued by the Registrar under rule 68A(5).

A notice or other document sent, filed or served by means of an electronic communication (other than the electronic online system) is treated as sent, filed or served —

A notice or other document that is —

For the purposes of paragraph (11), the notice or other document is treated as sent to, filed with or served on, and received by, the Registrar or the party if and only if the last byte of the transmission containing the notice or document is received by the server mentioned in that paragraph.

Any person who sends, files or serves a notice or other document by means of the electronic online system may produce a record of transmission issued through that system as evidence of —

This rule does not apply to notices and documents to be served in proceedings in court.

Where the Act or these Rules require that an address be furnished, the address furnished shall be as full as possible for the purpose of enabling any person to easily find the place indicated by the address.

The Registrar may require the address to include the name of the street, the number of the block of building, the number of the premises or name of premises, if any, and the postal code.

For the purposes of any proceedings before the Registrar, an address for service in Singapore shall be filed in accordance with paragraph (2) or (5) by or on behalf of —

Where a form is required to be filed under these Rules for any matter in relation to the proceedings, being a form which requires the furnishing of an address for service, the address for service shall be filed on that form.

The filing of an address for service in accordance with paragraph (2) shall be effective only for the matter for which the form is filed.

Notwithstanding paragraph (3) —

In a case where paragraph (2) or (4) does not apply, the address for service shall be filed on Form PVP 1.

Where an address for service is not filed by or on behalf of a person as required by paragraph (1), and no address for service is effective for the purposes of any of the proceedings mentioned in paragraph (4), the Registrar may, subject to paragraph (6A), treat the person’s trade or business address in Singapore as that person’s address for service for the purposes of those proceedings.

Where the trade or business address of the person is not known to the Registrar, the Registrar may send to the person, at an alternative address of the person, a notice to furnish an address for service for the purposes of those proceedings, within 2 months after the date of the notice.

Where the Registrar does not have any alternative address of the person to send the notice under paragraph (6A) or where the Registrar has sent a notice under that paragraph but no address for service is provided within 2 months after the date of the notice —

An application requesting the Registrar to alter an address for service shall be made on Form PVP 1.

Any thing sent to or served on a person at his address for service shall be taken to have been duly sent to or served on the person.

In paragraphs (6A) and (6B), “alternative address” means —

A breeder shall notify the Registrar of the appointment of a procedural representative in Form PVP 2.

The Registrar may, in dealing with any matter under the Act or these Rules in respect of which a person has been appointed to act as a procedural representative on behalf of a breeder (referred to in this rule as the procedural representative’s principal), require the personal signature or presence of either the procedural representative or his principal.

The Registrar may, by notice in writing sent to a procedural representative, require the procedural representative to produce evidence of his appointment.

Where a breeder substitutes one procedural representative for another, the newly appointed procedural representative shall file with the Registrar Form PVP 2 on or before the first occasion he acts as the procedural representative.

Where there is a change in the name of a procedural representative and the procedural representative remains the same legal entity after such change, the procedural representative may file one Form PVP 2 in respect of such change in name for all the matters under the Act for which the procedural representative has been appointed.

Any act required or authorised by the Act in connection with the making of a grant of protection, or any procedure relating to a grant of a protection, may not be done by or to the newly appointed procedural representative referred to in paragraph (4) until after he has complied with that paragraph.

Where a procedural representative for a breeder to any matter intends, on or after 26 May 2022, to cease to so act, the procedural representative —

On receipt of the form mentioned in paragraph (7)(a), the Registrar must send to the breeder a notice requesting the breeder to provide an address for service within 3 months after the date of the notice.

The notice in paragraph (8) must be sent to the address of the breeder filed under paragraph (7)(a)(ii) or any alternative address of the breeder.

Rule 9(6B)(a), (b) or (c) (whichever is applicable) applies, with the necessary modifications, if —

In paragraphs (9) and (10), “alternative address” has the meaning given by rule 9(9).

An application to the Registrar to cancel a grant of protection under section 26(2) of the Act shall be made on Form PVP 13.

The application shall be accompanied by a statement of the grounds on which the application is made.

The applicant shall, if he is not the grantee, serve a copy of the application and statement on the grantee at the same time as he files these documents with the Registrar.

Within 2 months from the date of receipt of the copies of the application and statement, the grantee may file with the Registrar a counter-statement in Form PVP 7 setting out —

The grantee shall serve on the applicant a copy of the counter-statement at the same time as he files the counter-statement with the Registrar.

A request for an extension of time to file the counter-statement shall be made to the Registrar on Form PVP 15 within 2 months from the date of receipt of the copies of the application and statement.

The total extension of time for which the Registrar may allow to file the counter-statement shall not exceed 4 months from the date of receipt of the copies of the application and statement.

Before making a request for an extension of time, the grantee shall serve a notice on the applicant and every other person likely to be affected by the extension, which shall contain —

The request for the extension shall be supported by a copy of the notice referred to in paragraph (5) and the consent in writing, if this is given.

The Registrar may refuse to grant the extension —

Where a person on whom a notice referred to in paragraph (5) is served fails or refuses to give his consent to the extension within 2 weeks from the date of the notice, the Registrar may, if he is satisfied that a good and sufficient reason has been shown for the extension, grant the extension; and the Registrar may do so without having to conduct a hearing in accordance with rule 56.

Where no counter-statement has been filed within the time allowed, the application for cancellation referred to in rule 50 shall be granted.

Upon an application being made under rule 50 and a counter-statement being filed under rule 51, rules 22 to 32 shall apply, with the necessary modifications, to further proceedings thereon.

For the purposes of the application of rules 22 to 32 —

Any person, other than the grantee, claiming to have an interest in a grant of protection which is the subject of an application under rule 50 may apply to the Registrar in writing for permission to intervene.

The Registrar may, after hearing the parties concerned if he so required, refuse permission to intervene, or grant permission to intervene upon such terms (including any undertaking as to costs) as he thinks fit.

Any person granted permission to intervene shall, subject to the terms and conditions imposed in respect of the intervention, be treated as a party to the proceedings in question.

The grantee may apply for the renunciation of his grant of protection under section 27(1) of the Act by filing with the Registrar a notice in Form PVP 14.

A notice under paragraph (1) shall have no effect unless the grantee certifies in that notice that every other person having a right in the protected variety concerned (if any) —

An application under section 13 of the Act shall be made on Form PVP 3 and shall be accompanied by —

Where any of the requirements specified in the Forms are not satisfied, the Registrar shall send a notice to the applicant stating the omission, error or deficiency, and the applicant shall have 2 months in which to rectify the omission, error or deficiency in the application, failing which his application shall lapse in accordance with section 19 of the Act.

An application may be accompanied by a representation of the plant variety in respect of which the application is made, which may be in the form of a drawing or photograph.

The drawings or photographs shall be —

If a right of priority is claimed under section 14 of the Act, particulars of that claim shall be included in the application made under rule 11(1).

The particulars which shall be given, in respect of a foreign application referred to in section 14 of the Act, are —

For the purposes of section 14(2) of the Act, the prescribed period is 3 months.

The Registrar may require the applicant to file a certificate by the registering or other competent authority concerned certifying or verifying to the satisfaction of the Registrar —

Where the certificate referred to in paragraph (3) is not in the English language, there shall be annexed to the certificate a translation in English of the contents of the certificate, certified or verified to the satisfaction of the Registrar.

Unless otherwise required by the Act or the Registrar, no samples of live biological material or plant specimens shall be lodged with the Registrar.

The Registrar may, in his discretion, refuse to accept any sample or specimen.

Where an application for a grant of protection does not satisfy the requirements of rule 11(1), the Registrar shall send notice of this to the applicant requiring the applicant to remedy any such deficiency.

Where the Registrar refuses to approve a proposed denomination under section 36(3) of the Act which has been submitted in the application, the Registrar shall send a notice to the applicant requiring the applicant to propose another denomination.

If the applicant fails to remedy all deficiencies set out in the notice referred to in paragraph (1), or propose another denomination in accordance with paragraph (2) within 2 months from the date of the notice, the application shall lapse in accordance with section 19 of the Act.

Subject to paragraph (2), an applicant may apply to amend an application for a grant of protection and such application shall be made on Form PVP 4.

An application to amend an application for a grant of protection to correct or change the name or other particulars of the applicant shall be made on Form PVP 1.

An application to amend an application for a grant of protection to correct or change the name of the applicant shall be accompanied by relevant documentary evidence of such change.

Before acting on an application to amend an application for a grant of protection, the Registrar may require the applicant to furnish such proof as the Registrar thinks fit.

Where an application is made for amendment of an application for a grant of protection which has been published, and the amendment affects any of the particulars specified in rule 16, the amendment or a statement of the effect of the amendment shall be published.

A request for amendment of any error in any document filed at the Registry in connection with an application shall be made on Form PVP 4 and the correction shall be clearly identified on a document and filed together with the form or, if not, on the form itself.

This rule applies where a person (X) makes an application under rule 17 on or after 26 May 2022 for the correction in an application for a grant of protection of an error or a mistake in —

If the Registrar determines that the interests of any person may be affected by the proposed correction, the Registrar may publish the application and the nature of the proposed correction in the Plant Varieties Protection Journal and in any other manner that the Registrar determines.

Any person (Y) may, at any time within 2 months after the date of the publication, give a written notice to the Registrar of objection to the application in Form PVP 6.

The notice of objection must be accompanied by a supporting statement setting out fully the facts on which Y relies.

Y must, at the time the notice and the statement are filed, serve on X a copy of the notice and a copy of the statement.

If Y does not comply with paragraph (5), Y’s objection to the application is treated as not having been filed.

If X desires to proceed with the application, X must —

If X does not comply with paragraph (7), X’s application under rule 17 is treated as withdrawn.

The Registrar may give such directions as the Registrar thinks fit with regard to any aspect of the procedure for the application or the objection to the application.

The Registrar must consider the objection in deciding whether to grant the application.

An applicant may, before a grant of protection is made, withdraw his application by submitting a notice of withdrawal on Form PVP 5.

Upon receipt of Form PVP 5, the Registrar shall make all necessary rectifications and corrections to the register or in any other document or publication as is necessary to reflect the withdrawal.

A person (referred to in this Division as the objector) may, within 2 months from the date of publication of an application or a denomination proposed for registration, file with the Registrar a notice objecting to the application or the denomination in Form PVP 6 (referred to in this Division as a notice of objection).

The objector shall serve on the applicant a copy of the notice of objection at the same time as the notice is filed with the Registrar.

A request for an extension of time to file the notice of objection shall be made by filing with the Registrar Form PVP 15 within 2 months from the date of publication of the application or denomination.

The total extension of time for which the Registrar may allow to file the notice of objection shall not exceed 4 months from the date of publication of the application or denomination.

Before making a request for an extension of time, the person seeking the extension shall serve a notice on the applicant and every other person likely to be affected by the extension, which shall contain —

The request for the extension shall be supported by a copy of the notice referred to in paragraph (5) and the consent in writing, if this is given.

The Registrar may refuse to grant the extension —

Where a person on whom a notice referred to in paragraph (5) is served fails or refuses to give his consent to the extension within 2 weeks from the date of the notice, the Registrar may, if he is satisfied that a good and sufficient reason has been shown for the extension, grant the extension; and the Registrar may do so without having to conduct a hearing in accordance with rule 56.

Within 2 months from the date of receipt of the copy of the notice of objection from the objector, the applicant shall file with the Registrar a counter-statement in Form PVP 7 (referred to in this Division as the counter-statement) setting out —

The applicant shall serve a copy of the counter-statement on the objector at the same time as the counter-statement is filed with the Registrar.

If the applicant does not comply with paragraph (1) or (2), he shall be deemed to have withdrawn his application for a grant.

A request for an extension of time to file the counter-statement shall be made by the applicant to the Registrar in Form PVP 15 within 2 months from the date of receipt of the notice of objection from the objector.

The total extension of time for which the Registrar may allow to file the counter-statement shall not exceed 4 months from the date of receipt by the applicant of the notice of objection.

Before making a request for an extension of time, the applicant shall serve a notice on the objector and every other person likely to be affected by the extension, which shall contain —

The request for the extension shall be supported by a copy of the notice referred to in paragraph (6) and the consent in writing, if this is given.

The Registrar may refuse to grant the extension —

Where a person on whom a notice referred to in paragraph (6) is served fails or refuses to give his consent to the extension within 2 weeks from the date of the notice, the Registrar may, if he is satisfied that a good and sufficient reason has been shown for the extension, grant the extension; and the Registrar may do so without having to conduct a hearing in accordance with rule 56.

Within 2 months from the date of receipt of the counter-statement from the applicant, the objector shall file with the Registrar such evidence by way of a statutory declaration as he may desire to adduce in support of his objection and shall, at the same time, send to the applicant a copy of that evidence.

If the objector does not file any evidence in accordance with paragraph (1), he shall, unless the Registrar otherwise directs, be deemed to have withdrawn his objection.

Within 2 months from the date of receipt by the applicant of the copy of the objector’s evidence referred to in rule 22, the applicant shall file with the Registrar such evidence by way of a statutory declaration as he may desire to adduce in support of his application or the registration of the proposed denomination and shall, at the same time, send to the objector a copy of that evidence.

If the applicant does not file any evidence in accordance with paragraph (1), he shall, unless the Registrar otherwise directs, be deemed to have withdrawn his application.

Within 2 months from the date of receipt of the copy of the applicant’s evidence referred to in rule 23, the objector may file with the Registrar evidence in reply by way of a statutory declaration and shall, at the same time, send to the applicant a copy of that evidence.

Evidence in reply shall be confined to matters strictly in reply to the applicant’s evidence.

Where there are exhibits to any evidence filed in an objection, the party who is relying on the exhibits in support of his case shall, at the request of the other party and at that other party’s expense, send a copy of each exhibit to that other party.

If such copy cannot conveniently be furnished, the originals shall be filed with the Registrar in order that they may be open to inspection.

Notwithstanding any provision in these Rules, the Registrar shall not accept as an exhibit any live biological material or plant specimens, unless such exhibit is requested.

At any time after the completion of the filing of evidence by the parties, the Registrar may direct the parties to attend a pre-hearing review at which he may give such directions as he considers necessary or desirable for securing the just, expeditious and economical disposal of the proceedings.

At the pre-hearing review, the Registrar may consider any matter including the possibility of settlement of all or any of the issues in the proceedings and may require the parties to furnish him with such information as he may require.

If any party fails to comply with any direction given under paragraph (1) or (2), the Registrar may dismiss the proceedings or make such other order as he thinks fit.

Any direction or order by the Registrar may be set aside or varied by him on such terms as he thinks fit.

If, at any time during the pre-hearing review, the parties are agreeable to a settlement of all or some of the matters in dispute in the proceedings, the Registrar may give his decision in relation to the proceedings or make such order as he thinks just to give effect to the settlement.

If any party does not appear at the pre-hearing review, the Registrar may dismiss the proceedings or make such other order as the Registrar thinks fit, or he may adjourn the review.

An order made by the Registrar in the absence of a party may be set aside by the Registrar, on the application of that party, on such terms as the Registrar thinks fit.

Upon completion of the filing of evidence by the parties, the Registrar shall give notice to the parties of a date on which he will hear arguments on the case.

The parties shall file with the Registrar their written submissions and bundles of authorities at least one month before the date of hearing, and shall at the same time exchange with one another their respective written submissions and bundles of authorities.

Any party who intends to appear at the hearing shall file with the Registrar Form PVP 8 before the hearing.

Any party who does not file with the Registrar Form PVP 8 before the hearing may be treated as not desiring to be heard, and the Registrar may proceed with the hearing in the absence of that party or may, without proceeding with the hearing, give his decision or dismiss the proceedings, or make such other order as he thinks fit.

If, after filing with the Registrar Form PVP 8, a party does not appear at the hearing, the Registrar may proceed with the hearing in the absence of that party, or may, without proceeding with the hearing, give his decision or dismiss the proceedings, or make such other order as he thinks fit.

If neither party appears at the hearing, the proceedings may be struck out of the list except that it may thereafter be restored on the direction of the Registrar.

Any decision made by the Registrar pursuant to a hearing in which any party does not appear may, on the application of that party, be set aside by the Registrar on such terms as he thinks fit.

An application under this rule to restore any proceedings or to set aside any decision under paragraph (6) or (7) shall be made within 7 days after the proceedings have been struck out of the list or after the hearing, as the case may be.

The Registrar may appoint an Examiner or officer thereof as a technical advisor to any objection proceedings to render an opinion on the evidence provided by the parties.

A technical advisor to any objection proceedings shall, within a reasonable time and after having sight of all the evidence and exhibits provided by the parties, provide the Registrar a report as to the merits of both the application and the objection, as well as a recommendation on whether to allow or disregard the objection.

Subject to rule 36(1), upon receipt of notification from the Registrar that the application is in order, an applicant shall, within 3 months from the date of the notification, submit a request for an examination to the Registrar in Form PVP 9.

The Registrar shall forward such request for examination to an Examiner referred to in section 17 of the Act for the conduct of the examination.

The applicant shall pay to the Examiner such charges as the Examiner may reasonably require in respect of the applicant’s request for examination.

The applicant shall submit to the Examiner which receives a request for examination under rule 34(2), at the address specified by that Examiner, propagating material, descriptions, drawings or photographs of the plant variety in respect of which the examination is to be conducted, or any other material or document that is necessary for conducting an examination.

The submission to an Examiner under paragraph (1) must be made —

If during an examination, the Examiner is of the opinion that the plant variety —

A copy of the written opinion referred to in paragraph (2) shall be sent to the Registrar.

The applicant may respond to the written opinion referred to in paragraph (2) by submitting to the Registrar, and to the Examiner at the same time —