Plant Varieties Protection Act · s 47

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

47.
Restriction of importation of infringing goods
(1) A person who is a breeder or a grantee may give the Controller a written notice —
(a) stating that he is —
(i)
the breeder; or
(ii)
a grantee thereof having the power to give such a notice;
(b) stating that goods which, in relation to the protected plant variety, are infringing goods are expected to be imported;
(c) providing sufficient information —
(i) to identify the goods;
(ii) to identify the importer;

Plant Varieties Protection
(iii) to enable the Controller to ascertain when and where the goods are expected to be imported; and
(iv) to satisfy the Controller that the goods are infringing goods; and
(d) stating that he objects to such importation.
(2) A notice given under subsection (1) shall be supported by such documents and information, and accompanied by such fee, as may be prescribed by rules made under this Act.
(3) A notice under subsection (1) shall remain in force until the end of the period of 60 days commencing on the day on which the notice was given, unless it is revoked, before the end of that period, by notice in writing given to the Controller —
(a) if the person giving the first-mentioned notice is a grantee in relation to the protected plant variety and he has power to revoke the notice, by the grantee;
(b) in any other case, by the person who is then the breeder.
(4) If —
(a) a notice has been given under this section in respect of a protected variety;
(b) the notice has not lapsed or been revoked; and
(c) a person imports goods, not being goods in transit, which bear a sign that, or whose packaging bears a sign that, in the opinion of an authorised officer, is identical with or similar to the protected variety in question, an authorised officer may seize the goods.
(5) The Attorney General may, with the approval of His Majesty the
Sultan and Yang Di-Pertuan, make rules to provide for —
(a) the forms of notices under this section;

Plant Varieties Protection 38
(b) the times at which, and the manner in which, notices are to be given; and
(c) the giving of information and evidence to the Controller.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 47Restriction of importation of infringing goods

(1)

A person who is a breeder or a grantee may give the Controller a written notice —

(a)

stating that he is —

(i)

the breeder; or

(ii)

a grantee thereof having the power to give such a notice;

(b)

stating that goods which, in relation to the protected plant variety, are infringing goods are expected to be imported;

(c)

providing sufficient information —

(i)

to identify the goods;

(ii)

to identify the importer;

Plant Varieties Protection

(iii)

to enable the Controller to ascertain when and where the goods are expected to be imported; and

(iv)

to satisfy the Controller that the goods are infringing goods; and

(d)

stating that he objects to such importation.

(2)

A notice given under subsection (1) shall be supported by such documents and information, and accompanied by such fee, as may be prescribed by rules made under this Act.

(3)

A notice under subsection (1) shall remain in force until the end of the period of 60 days commencing on the day on which the notice was given, unless it is revoked, before the end of that period, by notice in writing given to the Controller —

(a)

if the person giving the first-mentioned notice is a grantee in relation to the protected plant variety and he has power to revoke the notice, by the grantee;

(b)

in any other case, by the person who is then the breeder.

(4)

If —

(a)

a notice has been given under this section in respect of a protected variety;

(b)

the notice has not lapsed or been revoked; and

(c)

a person imports goods, not being goods in transit, which bear a sign that, or whose packaging bears a sign that, in the opinion of an authorised officer, is identical with or similar to the protected variety in question, an authorised officer may seize the goods.

(5)

The Attorney General may, with the approval of His Majesty the

Sultan and Yang Di-Pertuan, make rules to provide for —

(a)

the forms of notices under this section;

Plant Varieties Protection 38

(b)

the times at which, and the manner in which, notices are to be given; and

(c)

the giving of information and evidence to the Controller.