Singapore legislation
Regulation 9
Regulation 9
Address for service
Subregulation 1
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 —
every applicant in respect of an application for a grant of protection;
every person objecting to the making of a grant of protection or the registration of a proposed denomination;
every applicant applying to the Registrar for the rectification of the register under section 41 of the Act;
every grantee in respect of a protected plant variety which is the subject of the grant of protection to the Registrar for the renunciation of the grant of protection or the rectification of the register under section 41 of the Act; and
every other party to any proceedings before the Registrar.
Subregulation 2
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.
Subregulation 3
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.
Subregulation 4
Notwithstanding paragraph (3) —
where the address for service is filed on Form PVP 3 or Form PVP 12, the filing of the address for service shall be effective for the purposes of all proceedings in respect of the plant variety in relation to which that form is filed; (b)where the address for service is filed on Form PVP 6, the filing of the address for service shall be effective for the purposes of the proceedings in relation to which that form is filed and any related proceedings; and
where the address for service is filed on Form PVP 11, the filing of the address for service shall be effective for the purposes of —
the payment of the annual fee and submission of information under section 24(3) of the Act for each anniversary of the date of the grant of protection for the plant variety in relation to which that form is filed; and
any related proceedings.
Subregulation 5
In a case where paragraph (2) or (4) does not apply, the address for service shall be filed on Form PVP 1.
Subregulation 6
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.
Subregulation 6A
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.
Subregulation 6B
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 —
in the case of an applicant mentioned in paragraph (1)(a) or (c) — the application is treated as withdrawn;
in the case of a person mentioned in paragraph (1)(b) — the person is treated as having withdrawn from the proceedings in question; and
in the case of a grantee mentioned in paragraph (1)(d) or a party mentioned in paragraph (1)(e) — the grantee or party is not permitted to take part in the proceedings in question.
Subregulation 7
An application requesting the Registrar to alter an address for service shall be made on Form PVP 1.
Subregulation 8
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.
Subregulation 9
In paragraphs (6A) and (6B), “alternative address” means —
any address (not being an email address) that was previously provided by the person to the Registrar in relation to a matter under these Rules concerning the person that is the same as the matter at hand; or
any email address that was previously provided by the person to the Registrar in relation to a matter under these Rules that is the same as the matter at hand, where the person had given prior consent for that email address to be used for correspondence with the person for such matter.