Plant Varieties Protection Act · s 25

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)

25.
Cancellation of grant of protection
(1) An application for cancellation of any grant of protection may be made by any person —
(a) to the Registrar, on any ground referred to in subsection (2);
or
(b) to the Court, on the ground referred to in subsection (3).
(2) A grant of protection shall be cancelled by the Registrar at any time during its term in the event that —
(a) the grantee, after having been requested by the Registrar to provide such information, documents or material as the Registrar thinks fit for verifying the maintenance of the plant variety, failed to do so within the period specified by the Registrar;

Plant Varieties Protection
(b) in any particular year, the annual fee required under section 23(3) to be paid, has not been paid within the prescribed period; or
(c) the denomination is cancelled after the grant of the protection and the grantee, after having been requested by the
Registrar to propose another suitable denomination, failed to do so within the prescribed period.
(3) A grant of protection shall be cancelled by the Court at any time during its term in the event that it is established that the plant variety is no longer stable or uniform within the meaning of section 21(1)(c) or (d), respectively.
(4) The Registrar shall remove from the register any grant of protection which has been cancelled under this section.

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 25Cancellation of grant of protection

(1)

An application for cancellation of any grant of protection may be made by any person —

(a)

to the Registrar, on any ground referred to in subsection (2);

(b)

to the Court, on the ground referred to in subsection (3).

(2)

A grant of protection shall be cancelled by the Registrar at any time during its term in the event that —

(a)

the grantee, after having been requested by the Registrar to provide such information, documents or material as the Registrar thinks fit for verifying the maintenance of the plant variety, failed to do so within the period specified by the Registrar;

Plant Varieties Protection

(b)

in any particular year, the annual fee required under section 23(3) to be paid, has not been paid within the prescribed period; or

(c)

the denomination is cancelled after the grant of the protection and the grantee, after having been requested by the

Registrar to propose another suitable denomination, failed to do so within the prescribed period.

(3)

A grant of protection shall be cancelled by the Court at any time during its term in the event that it is established that the plant variety is no longer stable or uniform within the meaning of section 21(1)(c) or (d), respectively.

(4)

The Registrar shall remove from the register any grant of protection which has been cancelled under this section.