Plant Varieties Protection Act · 2022 Revised Edition · Part · Application for Grant of Protection
14. Priority resulting from foreign application
Official textFrom Attorney General's Chambers, unchanged
If —
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
within 12 months after —
the date on which the foreign application was made; or
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.
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.
breeder
“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;
The breeder shall be allowed —
a period of 2 years after the expiration of the period referred to in subsection (1)(b); or
where the foreign application (or the earliest foreign application) is rejected or withdrawn, a period to be determined by the Registrar after such rejection or withdrawal, in which to furnish any necessary information, document or material required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
Terms defined in s 2
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;
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;
UPOV member
Defined · s 2“UPOV member” means a state or an intergovernmental party to the Convention which is a member of the International Union for the Protection of New Varieties of Plants constituted pursuant to the Convention;
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