Plant Varieties Protection Act · 2022 Revised Edition · Part · Assistance by Border Authorities
59. Detention and examination of goods
Official textFrom Attorney General's Chambers, unchanged
Notwithstanding section 47(4), any authorised officer may —
authorised officer
“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;
detain any goods —
that are imported into, or that are to be exported from,
Brunei Darussalam; and
that are not goods in transit, unless the goods are consigned to any person with a commercial or physical presence in Brunei Darussalam; or
examine any goods, including goods in transit, which he reasonably suspects are infringed goods in relation to a grant of protection.
As soon as practicable after goods are detained under subsection (1)(a), the Controller shall give —
Controller
“Controller” has the same meaning assigned to it as in section 2 of the Customs Order, 2006;
to the importer, exporter or consignee, as the case may be, of the detained goods; and
to the breeder of the protected variety, a written notice identifying the goods, stating that they have been detained and setting out the matters referred to in subsection (3).
The detained goods shall be released to the importer, exporter or consignee, as the case may be, of the goods, unless, within the prescribed period, the grantee in relation to the protected plant variety —
Plant Varieties Protection 44
plant
“plant” includes all fungi and algae but does not include bacteria, bacteroids, mycoplasmas, viruses, viroids and bacteriophages;
in the case of goods that are imported into
Brunei Darussalam and that are not goods in transit —
gives the Controller a written notice referred to in section 47(1);
submits the documents and information, and pays the fee, referred to in section 47(2);
deposits with the Controller the sum of money referred to in section 48(a) or gives the security referred to in section 48(b); or
in the case of goods that are to be exported from
Brunei Darussalam or goods in transit that are consigned to a person with a commercial or physical presence in Brunei Darussalam —
institutes an action for the infringement in respect of his grant of protection;
serves on the Controller an order of the Court authorising the further detention of the goods; and
deposits with the Controller a sum of money that, in the opinion of the Controller, is sufficient to —
reimburse the Government for any liability or expense it has incurred and is likely to further incur as a result of the detention of the goods;
and
pay such compensation to any person who suffers loss or damage as a result of the detention of the goods as may be ordered by the
Court; or gives security, to the satisfaction of the Controller, for the reimbursement of the Government for any such liability or expense and the payment of such compensation.
Every order of the Court authorising the further detention of goods under subsection (3)(b)(ii) shall be subject to the condition that the grantee complies with subsection (3)(b)(iii) within the period prescribed under subsection (3).
Plant Varieties Protection
Where the Court has made an order authorising the further detention of goods under subsection (3)(b) —
the detained goods shall be taken to such secure place as the
Controller directs; and
sections 51, 52 and 54 to 58 apply, with the necessary modifications, to the further detention of the goods, and for the purposes of such application —
any reference to the objector shall be read as a reference to the grantee in relation to the grant of protection;
any reference to the importer shall be read as a reference to the exporter or consignee, as the case may be, of the detained goods;
any reference to the seized goods shall be read as a reference to the detained goods;
any reference to the seizure of goods shall be read as a reference to the detention or further detention of the goods;
any reference to the import or importation of goods shall be read —
in the case of goods that are to be exported from
Brunei Darussalam, as a reference to the export of the goods; or
in the case of goods in transit that are consigned to a person with a commercial or physical presence in Brunei Darussalam, as a reference to the import, importation or export, of the goods by the consignee;
any reference to infringement action shall be read as a reference to an action for the infringement of the protected plant variety under subsection (3)(b)(i); and
any reference to the retention period shall be read as a reference to the prescribed period under subsection (3).
Plant Varieties Protection 46
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;
grant of protection
Defined · s 2“grant of protection” means a grant of protection made by the Registrar under section 20;
infringement action
Defined · s 46“infringement action” means an action for an infringement in respect of a grant of protection;
objector
Defined · s 46“objector”, in relation to particular seized goods, means the person who gave the notice under section 47 as a result of the giving of which the goods were seized;
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;
retention period
Defined · s 46“retention period”, in relation to seized goods, means — (a) the period specified in a notice given under section 50 in respect of the goods; or (b) if that period has been extended under section 50, that period as so extended;
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