Plant Varieties Protection Act · 2022 Revised Edition · Part · Application for Grant of Protection
16. Objections to denomination and grant of protection
Official textFrom Attorney General's Chambers, unchanged
Any person may, within the prescribed period after the publication of a denomination, by notice in writing to the Registrar, object to the approval of that denomination.
denomination
“denomination” means the distinguishing name or identification for a plant variety;
Any person may, within the prescribed period after the publication of an application for a grant of protection for a plant variety, by notice in writing to the Registrar, object to the making of a grant in respect of that plant variety on the ground that the plant variety is not new within the meaning of section 21.
The Attorney General may, with approval of His Majesty the
Sultan and Yang Di-Pertuan, make rules to provide for objection proceedings and for matters relating thereto.
Plant Varieties Protection
plant
“plant” includes all fungi and algae but does not include bacteria, bacteroids, mycoplasmas, viruses, viroids and bacteriophages;
If a person who neither resides nor carries on business in
Brunei Darussalam makes an objection under this section, the Registrar may require the person to give security for the costs of the proceedings and may, if security is not given, dismiss the proceedings.
Registrar
“Registrar” means the Registrar of Plant Varieties referred to in section 5;
Terms defined in s 2
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;
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