Plant Varieties Protection Act · s 14

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14.
Priority resulting from foreign application
(1) If —
(a) the breeder of a plant variety has made an application in any
UPOV member other than Brunei Darussalam (referred to in this

Plant Varieties Protection section as the foreign application) for the equivalent of a grant of protection; and
(b) within 12 months after —
(i)
the date on which the foreign application was made; or
(ii)
where more than one foreign application has been made (whether in one UPOV member or more than one UPOV member), the date the earliest foreign application was made, the breeder makes an application for the grant of protection in respect of the plant variety in Brunei Darussalam, the breeder may, when making the application under this Act, claim a right of priority and sections 21 and 22 apply to the application for a grant of protection in Brunei Darussalam as if it had been made on the date the foreign application (or the earliest foreign application) was made.
(2) The breeder shall, within the period of not less than 3 months after making the claim of a right of priority under subsection (1), submit to the Registrar a copy of any document constituting the foreign application, which must be certified as correct by the authority in the UPOV member to which the foreign application was made.
(3) The breeder shall be allowed —
(a) a period of 2 years after the expiration of the period referred to in subsection (1)(b); or
(b) where the foreign application (or the earliest foreign application) is rejected or withdrawn, a period to be determined by the Registrar after such rejection or withdrawal, in which to furnish any necessary information, document or material required for the purpose of the examination as may be prescribed by rules made under section 66.

Plant Varieties Protection 16

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s 14Priority resulting from foreign application

(1)

If —

(a)

the breeder of a plant variety has made an application in any

UPOV member other than Brunei Darussalam (referred to in this

Plant Varieties Protection section as the foreign application) for the equivalent of a grant of protection; and

(b)

within 12 months after —

(i)

the date on which the foreign application was made; or

(ii)

where more than one foreign application has been made (whether in one UPOV member or more than one UPOV member), the date the earliest foreign application was made, the breeder makes an application for the grant of protection in respect of the plant variety in Brunei Darussalam, the breeder may, when making the application under this Act, claim a right of priority and sections 21 and 22 apply to the application for a grant of protection in Brunei Darussalam as if it had been made on the date the foreign application (or the earliest foreign application) was made.

(2)

The breeder shall, within the period of not less than 3 months after making the claim of a right of priority under subsection (1), submit to the Registrar a copy of any document constituting the foreign application, which must be certified as correct by the authority in the UPOV member to which the foreign application was made.

(3)

The breeder shall be allowed —

(a)

a period of 2 years after the expiration of the period referred to in subsection (1)(b); or

(b)

where the foreign application (or the earliest foreign application) is rejected or withdrawn, a period to be determined by the Registrar after such rejection or withdrawal, in which to furnish any necessary information, document or material required for the purpose of the examination as may be prescribed by rules made under section 66.

Plant Varieties Protection 16