Plant Varieties (Proprietary Rights) (Amendment) Act, 1998
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Amendment of section 5 of Principal Act. |
6.— Section 5 of the Principal Act is hereby amended in subsection (1) by— | |
(a) the insertion in paragraph (a) after “or discovered” of “and developed”, | ||
(b) the insertion in paragraph (a) after “duly assigned” of “or a person who bred or discovered and developed it in the course of his or her employment,”, | ||
(c) the deletion in paragraph (c) of “an Irish citizen or” and “either the State or”, | ||
(d) the substitution in paragraph (c) of “member of the Union” for “party to the Convention”, | ||
(e) the insertion in paragraph (c) after “ section 2 of this Act applies” of “and a member of the Union means a state party to the International Convention for the Protection of New Varieties of Plants of 1961, 1972 or 1978 or a Contracting Party”, and | ||
(f) the insertion of the following subsection after subsection (3): | ||
“(4) Where an application for a grant of plant breeders’ rights is made by a person who bred or discovered and developed a variety in the course of his or her employment, the Controller, in determining such application, shall have regard to— | ||
(a) an agreement, if any, between that person and the employer concerning the entitlement to apply for a grant of plant breeders’ rights, and | ||
(b) any statutory provisions concerning the relationship between employer and employee for the time being in force in— | ||
(i) the country or territory in which such employee is wholly or mainly employed, or | ||
(ii) where the identity of such country or territory cannot be determined, the country or territory in which the business of such employer is situate.”. |