Plant Varieties Protection Act 2004
Table of Contents
Long Title
Part 1 PRELIMINARY
1 Short title
2 Interpretation
3 Act to bind Government
4 Application of Act
Part 2 ADMINISTRATION
5 Registrar of Plant Varieties and other officers
6 Delegation by Registrar
7 Registry of Plant Varieties
8 Seal of Registry
9 Powers of Registrar
10 Disobedience to summons an offence
11 Refusal to give evidence an offence
12 Costs awarded by Registrar
Part 3 APPLICATION FOR GRANT OF PROTECTION
13 Application for grant of protection
14 Priority resulting from foreign application
15 Publication
16 Objections to denomination and grant of protection
17 Examination of plant variety
18 Corresponding examination
19 Withdrawal or lapse of application
20 Provisional protection
Part 4 GRANT AND REVOCATION OF PROTECTION
21 Making of grant of protection
22 Conditions for grant of protection
23 Varieties bred or discovered and developed by 2 or more persons independently
24 Term of grant of protection
25 Grounds of invalidity of grant of protection
26 Cancellation of grant of protection
27 Renunciation of grantee’s right
Part 5 SCOPE AND NATURE OF GRANT OF PROTECTION
28 Scope and nature of grant of protection
29 Essentially derived and certain other plant varieties
30 Infringement of grant of protection
31 Exceptions to infringement of grant of protection
32 Exhaustion of grant of protection
Part 6 AUTHORISATION AND COMPULSORY LICENCES
33 Rights under authorisation
34 Compulsory licences
Part 7 NOTICE OF PROTECTION
35 Notice of protection
Part 8 DENOMINATION
36 Approval and registration of denomination
37 Use of denomination
38 Invalidation of registration of denomination
Part 9 REGISTER OF PLANT VARIETIES
39 Register to be maintained
40 Inspection of and extract from register
41 Rectification of register
42 Changes reflected in register
43 Registration to be prima facie evidence of validity
Part 10 OFFENCES
44 Falsification of register
45 Falsely representing plant variety as protected variety
46 Misuse of denomination
Part 11 MISCELLANEOUS
47 Registrar not liable in respect of official acts
48 Right of appeal
49 Forms and directions of Registrar
49A Amendment of documents
50 Fees
51 Hours of business and excluded days
52 Composition of offences
53 Jurisdiction of court
54 Rules
Legislative History
Abbreviations
Comparative Table