Singapore legislation

Regulation 10

of Plant Varieties Protection Rules

Regulation 10

Procedural representatives

Amended byS 401/2022 wef 26/05/2022S 401/2022 wef 26/05/2022S 401/2022 wef 26/05/2022S 401/2022 wef 26/05/2022S 401/2022 wef 26/05/2022

Subregulation 1

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

Subregulation 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.

Subregulation 3

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

Subregulation 4

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.

Subregulation 5

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.

Subregulation 6

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.

Subregulation 7

Amended byS 401/2022 wef 26/05/2022

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 —

(a)

must file with the Registrar in Form PVP 2 —

(i)

a notice of such intention;

(ii)

the breeder’s latest address, including any email address, on the procedural representative’s records; and

(iii)

a statement that the procedural representative has given reasonable notice to the breeder of such intention, and informed the breeder of the consequences set out in rule 9(6B) as applied by paragraph (10); and

(b)

must serve such form on the breeder at the same time the form is filed with the Registrar.

Subregulation 8

Amended byS 401/2022 wef 26/05/2022

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.

Subregulation 9

Amended byS 401/2022 wef 26/05/2022

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.

Subregulation 10

Amended byS 401/2022 wef 26/05/2022

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

(a)

the Registrar does not have any alternative address of the breeder to which to send a notice under paragraph (8); or

(b)

the Registrar sent a notice under paragraph (8) and no address for service was provided within 3 months after the date of the notice.

Subregulation 11

Amended byS 401/2022 wef 26/05/2022

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