Plant Varieties Protection Act · 2022 Revised Edition · Part · Denomination
35. Approval and registration of denomination
Official textFrom Attorney General's Chambers, unchanged
A plant variety in respect of which an application for a grant of protection is made shall have a denomination and, subject to subsections (2)
plant
“plant” includes all fungi and algae but does not include bacteria, bacteroids, mycoplasmas, viruses, viroids and bacteriophages;
and (3), the denomination shall be approved by the Registrar and registered at the time the grant of protection is made.
denomination
“denomination” means the distinguishing name or identification for a plant variety;
The Registrar shall approve and register a proposed denomination for a plant variety if, and only if, in the opinion of the
Registrar
“Registrar” means the Registrar of Plant Varieties referred to in section 5;
Registrar, it complies with the prescribed requirements.
The Registrar shall not approve or register a denomination for the plant variety which —
register
“register” means the register of plant varieties maintained under section 38;
consists solely of figures, except where this is an established practice for designating plant varieties;
is likely to mislead or cause confusion concerning the characteristics, value or identity of the plant variety, or the identity of the breeder;
is contrary to any written law or public order, or is likely to be offensive to the public;
is not different from every denomination which designates, in the country or territory of any member of UPOV, an existing variety of the same plant species or of a closely related species;
affects prior rights of third persons, if by reason of a prior right, the use of the denomination of a variety is forbidden to a person who, in accordance with the provisions of section 36, is
Plant Varieties Protection obliged to use it, the Registrar shall require the breeder to submit another denomination for the variety.
Where a denomination for a plant variety has previously been submitted in any UPOV member other than Brunei Darussalam for the purpose of registration in that UPOV member, the denomination submitted for the purpose of an application in Brunei Darussalam in respect of that plant variety must be the same as the denomination submitted in the UPOV member.
variety
“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.
The Registrar shall approve the denomination submitted under subsection (4) upon the grant of protection, unless the Registrar considers the denomination to be unsuitable for use within Brunei Darussalam.
grant of protection
“grant of protection” means a grant of protection made by the Registrar under section 20;
Where the Registrar refuses to approve a denomination under subsection (2), (3) or (5), the Registrar shall require, and the applicant shall propose, another denomination within the prescribed period.
applicant
“applicant”, in relation to any application, means the person by whom or on whose behalf the application is made;
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;
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;
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
Register of Plant Varieties
Part
Offences
Part
Assistance by Border Authorities
Part