Singapore legislation

Regulation 17A

of Plant Varieties Protection Rules

Regulation 17A

Publication of and objection to application for correction

Amended byS 401/2022 wef 26/05/2022

Subregulation 1

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 —

(a)

the name or other particular of an applicant; or

(b)

any information pertaining to a priority application.

Subregulation 2

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.

Subregulation 3

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.

Subregulation 4

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

Subregulation 5

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.

Subregulation 6

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

Subregulation 7

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

(a)

within 2 months after the date on which X is served the copies of the notice and the statement, file a counter‑statement on Form PVP 7 setting out fully the grounds on which X contests the objection; and

(b)

at the time the counter-statement is filed, serve on Y a copy of the counter-statement.

Subregulation 8

If X does not comply with paragraph (7), X’s application under rule 17 is treated as withdrawn.

Subregulation 9

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.

Subregulation 10

Amended byS 401/2022 wef 26/05/2022

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