Plant Varieties (Proprietary Rights) (Amendment) Act, 1998
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Amendment of section 11 of Principal Act. |
10.—Section 11 of the Principal Act is hereby amended by— | |
(a) the substitution of the following subsection for subsection (1): | ||
“(1) The Controller may— | ||
(a) declare the grant of plant breeders’ rights null and void where the Controller is satisfied that— | ||
(i) the protected variety concerned did not, at the time of the grant, comply with the conditions specified in either or both paragraph 1 or paragraph 4 of the First Schedule to this Act (as amended by section 14 of the Plant Varieties (Proprietary Rights) (Amendment) Act, 1998), | ||
(ii) the protected variety concerned did not, at the time of the grant, comply with the conditions specified in either or both paragraph 2 or paragraph 3 of the First Schedule to this Act (as amended by section 14 of the Plant Varieties (Proprietary Rights) (Amendment) Act, 1998) where such grant was obtained on the basis of information or documents or both furnished by the applicant, and | ||
(iii) the plant breeders’ rights were granted to a holder who was not entitled to such grant, | ||
but no such declaration shall be made under subparagraph (iii) of this paragraph if the plant breeders’ rights concerned have been transferred to the holder by the person properly entitled to such grant, | ||
(b) cancel plant breeders’ rights in relation to a protected variety if the Controller is satisfied that in relation to such protected variety concerned the conditions specified in either or both paragraphs 2 and 3 of the First Schedule to this Act (as amended by section 14 of the Plant Varieties (Proprietary Rights) (Amendment) Act, 1998) are not being complied with, | ||
(c) cancel the plant breeders’ rights in respect of a protected variety if the holder fails, refuses or neglects to pay such fees as may be required to maintain the grant of the plant breeders’ rights concerned, or | ||
(d) cancel plant breeders’ rights of a protected variety if the holder does not propose another suitable denomination where the denomination of the protected variety concerned is cancelled.”, | ||
(b) the substitution in subsection (2) of “cancel” for “revoke” and of “cancellation” for “revocation” in each place where it occurs, and | ||
(c) the substitution in subsection (3) of “cancels” for “revokes” and of “cancellation” for “revocation”. |