Plant Varieties Protection Act · 2022 Revised Edition · Part · Application for Grant of Protection
13. Application for grant of protection
Official textFrom Attorney General's Chambers, unchanged
An application for a grant of protection for a plant variety shall be made by the breeder of that plant variety in the prescribed manner to the
Registrar.
Registrar
“Registrar” means the Registrar of Plant Varieties referred to in section 5;
Plant Varieties Protection 14
plant
“plant” includes all fungi and algae but does not include bacteria, bacteroids, mycoplasmas, viruses, viroids and bacteriophages;
The application shall contain or be accompanied by the following —
a description of the plant variety;
the proposed denomination, or a breeder’s reference, for the plant variety which qualifies for approval and registration under section 35;
an address for service in relation to that application, being an address within Brunei Darussalam; and
if a right of priority is claimed under section 14, full particulars of the relevant priority application must be lodged within 3 months from the filing date.
The application shall be accompanied by an application fee and such other fees as may be prescribed.
An application that complies with subsections (1), (2) and (3) at the time it is received at the Registry shall, for the purposes of this Act, be deemed to be made at that time.
Registry
“Registry” means the Registry of Plant Varieties referred to in section 7;
An application that does not comply with subsection (1), (2)
or (3) at the time it is received shall nevertheless be deemed to be made at that time if it is rectified within such time and in such manner as the
Registrar may specify.
The Registrar shall, if satisfied that an application complies with subsections (1), (2) and (3) —
publish the application and the proposed denomination for the plant variety in the prescribed manner; and
notify the applicant of the publication.
Terms defined in s 2
applicant
Defined · s 2“applicant”, in relation to any application, means the person by whom or on whose behalf the application is made;
breeder
Defined · s 2“breeder”, in relation to any plant variety, means — (a) subject to paragraph (b), a person who bred, or discovered and developed, the plant variety; (b) if the plant variety was bred, or discovered and developed, by a person in the course of performing his duties or functions as an employee of another person, that other person; or (c) the successor in title to the person in paragraph (a) or (b), as the case may be;
denomination
Defined · s 2“denomination” means the distinguishing name or identification for a plant variety;
grant of protection
Defined · s 2“grant of protection” means a grant of protection made by the Registrar under section 20;
plant
Defined · s 2“plant” includes all fungi and algae but does not include bacteria, bacteroids, mycoplasmas, viruses, viroids and bacteriophages;
Registrar
Defined · s 2“Registrar” means the Registrar of Plant Varieties referred to in section 5;
Registry
Defined · s 2“Registry” means the Registry of Plant Varieties referred to in section 7;
variety
Defined · s 2“variety” means a plant grouping within single botanical taxon of the lowest known rank, which grouping, irrespective of whether the conditions for the grant of breeder’s right are fully met, can be — (a) defined by the expression of the characteristics resulting from a given genotype or combination of genotypes; (b) distinguished from any other plant grouping by the expression of at least one said characteristics; and (c) considered as a unit with regard to its suitability for being propagated unchanged.
Part
Grant and Revocation of Protection
Part
Scope and Nature of Grant of Protection
Part
Authorisation and Compulsory Licences
Part
Notice of Protection
Part
Denomination
Part
Register of Plant Varieties
Part
Offences
Part
Assistance by Border Authorities
Part