Plant Varieties Protection Act · s 20

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s 20Making of grant of protection

(1)

The Registrar shall —

(a)

except where an application has been withdrawn or has lapsed under section 18, make a grant of protection in respect of every application that is eligible for the making of a grant of protection; and

(b)

decline to make a grant of protection in respect of every application that is not eligible for the making of a grant of protection.

(2)

An application shall be treated as being eligible for the making of a grant of protection if, and only if —

(a)

the applicant has complied with sections 13 and 17, as the case may be; and

Plant Varieties Protection

(b)

the Registrar —

(i)

has approved, for the plant variety in respect of which the application was made, the denomination proposed by the applicant under section 35;

(ii)

is satisfied that the applicant is the breeder of that plant variety; and

(iii)

is satisfied that that plant variety is new, distinct, stable and uniform within the meaning of section 21.