Singapore legislation

Regulation 51

of Plant Varieties Protection Rules

Regulation 51

Counter-statement

Subregulation 1

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 —

(a)

the grounds on which he relies as supporting his grant of protection; and

(b)

the facts alleged in the application which he admits, if any.

Subregulation 2

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.

Subregulation 3

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.

Subregulation 4

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.

Subregulation 5

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 —

(a)

a statement of the grantee’s intention to request for the extension, the extension requested for, and the reason for the extension; and

(b)

a request for the consent of the applicant or other person to the extension.

Subregulation 6

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.

Subregulation 7

The Registrar may refuse to grant the extension —

(a)

if the grantee fails to show a good and sufficient reason for the extension; or

(b)

if the grantee fails to show, to the Registrar’s satisfaction, that a notice referred to in paragraph (5) has been served on the applicant and every other person likely to be affected by the extension.

Subregulation 8

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.

Subregulation 9

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