Plant Varieties Protection Act · 2022 Revised Edition · Part · Application for Grant of Protection
17. Examination of plant variety
Official textFrom Attorney General's Chambers, unchanged
The Registrar may, by rules prescribed under section 66, for the purpose of examining the plant variety, require the applicant, within the prescribed period after making an application to provide all necessary information, documents or material.
Registrar
“Registrar” means the Registrar of Plant Varieties referred to in section 5;
In the course of the examination the Registrar may —
cause —
the growing of the variety;
the carrying out of other necessary tests; or
take into account the results of growing tests or other trials which have already been carried out.
Any decision to grant a protection shall require an examination for compliance with the conditions under section 21.
Corresponding examination [S 4/2016]
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;
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