Plant Varieties Protection Act · 2022 Revised Edition · Part · Grant and Revocation of Protection
25. Cancellation of grant of protection
Official textFrom Attorney General's Chambers, unchanged
An application for cancellation of any grant of protection may be made by any person —
to the Registrar, on any ground referred to in subsection (2);
or
to the Court, on the ground referred to in subsection (3).
A grant of protection shall be cancelled by the Registrar at any time during its term in the event that —
grant of protection
“grant of protection” means a grant of protection made by the Registrar under section 20;
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
in any particular year, the annual fee required under section 23(3) to be paid, has not been paid within the prescribed period; or
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.
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.
The Registrar shall remove from the register any grant of protection which has been cancelled under this section.
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;
register
Defined · s 2“register” means the register of plant varieties maintained under section 38;
Registrar
Defined · s 2“Registrar” means the Registrar of Plant Varieties referred to in section 5;
term
Defined · s 2“term”, in relation to a grant of protection, means the term of the grant of protection under section 23;
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
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