Singapore legislation
Regulation 36
Regulation 36
Corresponding examination report
Subregulation 1
An applicant may, in lieu of submitting a request for an examination under rule 34(1), submit to the Registrar, within 3 months from the date of the notification referred to in that rule, in Form PVP 10, a request to rely on an examination report issued and certified by an Examiner in any UPOV member other than Singapore (referred to in this rule as a corresponding examination report).
Subregulation 2
Subject to paragraph (3), the applicant referred to in paragraph (1) shall submit to the Registrar the corresponding examination report within 3 years from the date of the foreign application referred to in section 14 of the Act.
Subregulation 3
Where a corresponding examination report has been issued but the applicant is unable to submit the corresponding examination report, the applicant shall, if he intends to rely on the corresponding examination report, ensure that the Examiner which issued that report delivers a copy of the report to the Registrar within 3 years from the date of the foreign application.
Subregulation 4
The Registrar shall —
consider any corresponding examination report received under paragraph (2) or (3); or
forward the corresponding examination report to an Examiner appointed by the Registrar for the purposes of this paragraph, for consideration by the Examiner for the purposes of the examination report issued under rule 37.
Subregulation 5
Notwithstanding paragraph (4), where the Registrar rejects a corresponding examination report under section 18(2) of the Act, the Registrar shall notify the applicant in writing of the rejection and the reasons why the report was rejected.
Subregulation 6
Where the Registrar rejects a corresponding examination report, the applicant shall submit a request for examination to the Registrar in Form PVP 9 and, for the purposes of determining the time within which a request for examination is to be submitted, the date of the notification of rejection referred to in paragraph (5) shall be taken to be the date of notification that the application is in order under rule 34(1).