Plant Varieties Protection Act · 2022 Revised Edition · Part · Assistance by Border Authorities
47. Restriction of importation of infringing goods
Official textFrom Attorney General's Chambers, unchanged
A person who is a breeder or a grantee may give the Controller a written notice —
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;
stating that he is —
the breeder; or
a grantee thereof having the power to give such a notice;
stating that goods which, in relation to the protected plant variety, are infringing goods are expected to be imported;
providing sufficient information —
to identify the goods;
to identify the importer;
Plant Varieties Protection
to enable the Controller to ascertain when and where the goods are expected to be imported; and
to satisfy the Controller that the goods are infringing goods; and
stating that he objects to such importation.
A notice given under subsection (1) shall be supported by such documents and information, and accompanied by such fee, as may be prescribed by rules made under this Act.
A notice under subsection (1) shall remain in force until the end of the period of 60 days commencing on the day on which the notice was given, unless it is revoked, before the end of that period, by notice in writing given to the Controller —
Controller
“Controller” has the same meaning assigned to it as in section 2 of the Customs Order, 2006;
if the person giving the first-mentioned notice is a grantee in relation to the protected plant variety and he has power to revoke the notice, by the grantee;
in any other case, by the person who is then the breeder.
If —
a notice has been given under this section in respect of a protected variety;
the notice has not lapsed or been revoked; and
a person imports goods, not being goods in transit, which bear a sign that, or whose packaging bears a sign that, in the opinion of an authorised officer, is identical with or similar to the protected variety in question, an authorised officer may seize the goods.
The Attorney General may, with the approval of His Majesty the
Sultan and Yang Di-Pertuan, make rules to provide for —
the forms of notices under this section;
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the times at which, and the manner in which, notices are to be given; and
the giving of information and evidence to the Controller.
Terms defined in this Act
authorised officer
Defined · s 46“authorised officer” means — (a) an officer of customs as defined in section 2 of the Customs Order, 2006; (b) any officer or class or description of officers appointed by the Attorney General by notification published in the Gazette to exercise the powers and perform the duties conferred and imposed on an authorised officer by this Part;
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;
Controller
Defined · s 46“Controller” has the same meaning assigned to it as in section 2 of the Customs Order, 2006;
goods in transit
Defined · s 46“goods in transit” means goods imported, whether or not landed or transhipped within Brunei Darussalam, which are to be carried to another country or territory either by the same or another conveyance;
plant
Defined · s 2“plant” includes all fungi and algae but does not include bacteria, bacteroids, mycoplasmas, viruses, viroids and bacteriophages;
protected variety
Defined · s 2“protected variety” means a plant variety in respect of which complies with the conditions of protection by virtue of sections 21 and 35;
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