Plant Varieties Protection Rules 2004 - Singapore Statutes Online

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No. S 368

Plant Varieties Protection Act 2004

Act 22 of 2004

Plant Varieties Protection Rules 2004

In exercise of the powers conferred by section 54 of the Plant Varieties Protection Act 2004, the Minister for Law hereby makes the following Rules:

PART I

PRELIMINARY

Citation and commencement

1. These Rules may be cited as the Plant Varieties Protection Rules 2004 and shall come into operation on
1st July 2004.

Definitions

2.—(1) In these Rules, unless the context otherwise requires —

“local prescribed examination authority” means any of the prescribed examination authorities set out in the First Schedule;

“Plant Varieties Protection Journal” means the journal by that name published under rule 78;

“prescribed examination authority” means a plant variety examination authority or such equivalent authority recognised in any UPOV member.

(2) Unless the context otherwise requires, the word “month”, wherever it occurs in any decision, direction or other document issued by the Registrar, means calendar month.

(3) Any period of time fixed by these Rules or by any decision, direction or other document for the doing of any act shall be reckoned in accordance with paragraphs (4) and (5).

(4) Where the act is required to be done within a specified period from or after a specified date, the specified period begins immediately after that date.

(5) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.

Fees

3.—(1) The fees specified in the Second and Third Schedules shall be payable to the Registrar in respect of the matters specified in the respective Schedules.

(2) Any fee in the Second or Third Schedule shall be paid at the same time as the filing of the matter in question.

Forms

4.—(1) The Registrar shall publish in the Plant Varieties Protection Journal —

(a)	the forms to be used for any purpose relating to the making of a grant of protection or any other proceedings before the Registrar under the Act;
(b)	the Registrar’s directions relating to the use of any form; and
(c)	any amendment or modification of any such form or direction.

(2) Any form may be modified on the direction of the Registrar for use in a case other than the case for which it is intended.

(3) Any reference in these Rules to a numbered form shall be construed as a reference to the current version of the form bearing the corresponding number which is published in the Plant Varieties Protection Journal.

Filing of documents

5.—(1) The Registrar may refuse to accept or process any document filed at the Registry that fails to comply with the Act or these Rules.

(2) Every document filed at the Registry shall —

(a)	be in English or where the document is not in English, be accompanied by an English translation of the document in accordance with rule 79;
(b)	be filed using durable paper; and
(c)	be in writing that is legible and permanent.

(3) Where the Registrar refuses to accept any document that does not comply with paragraph (2), the Registrar may return the document with a notice stating the manner in which the document does not comply with that paragraph.

(4) Where any document filed at the Registry is a copy, the Registrar may —

(a)	decide whether to accept or process the document; and
(b)	require the original to be filed with the Registry.

Signature on documents

6.—(1) A document to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by —

(a)	all the partners;
(b)	any partner stating that he signs on behalf of the partnership; or
(c)	any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the partnership.

(2) A document to be signed for or on behalf of a body corporate shall be signed by a director, the company secretary or other principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the body corporate.

(3) A document to be signed for or on behalf of an unincorporated body or association of persons may be signed by any person who appears to the Registrar to be qualified to so sign.

(4) In this rule, “document” means any document to be given or sent to, filed with or served on the Registrar in any manner in respect of any matter under the Act or these Rules.

Service of documents

7.—(1) Where the Act or these Rules authorise or require any document to be given or sent to, filed with or served on any party, the giving, sending, filing or service may be effected by sending the document by post and if so sent, shall be deemed —

(a)	to be effected by properly addressing, prepaying and posting a letter containing the document; and
(b)	unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

(2) For the purposes of paragraph (1), a document is sent to a party by post if the document is sent by pre-paid post to the party at his address for service referred to in rule 9.

Furnishing of address

8.—(1) Where the Act or these Rules require that an address be furnished, the address furnished shall be as full as possible for the purpose of enabling any person to easily find the place of business of the person or partnership or association of persons or body corporate, whose address is furnished.

(2) The Registrar may require the address to include the name of the street, the number of the block of building, the number of the premises or name of premises, if any, and the postal code.

Address for service

9.—(1) For the purposes of any proceedings before the Registrar, an address for service in Singapore shall be filed in accordance with paragraph (2) or (5) by or on behalf of —

(a)	every applicant in respect of an application for a grant of protection;
(b)	every person objecting to the making of a grant of protection or the registration of a proposed denomination;
(c)	every applicant applying to the Registrar for the rectification of the register under section 41 of the Act;
(d)	every grantee in respect of a protected plant variety which is the subject of the grant of protection to the Registrar for the renunciation of the grant of protection or the rectification of the register under section 41 of the Act; and
(e)	every other party to any proceedings before the Registrar.

(2) Where a form is required to be filed under these Rules for any matter in relation to the proceedings, being a form which requires the furnishing of an address for service, the address for service shall be filed on that form.

(3) The filing of an address for service in accordance with paragraph (2) shall be effective only for the matter for which the form is filed.

(4) Notwithstanding paragraph (3) —

(a)	where the address for service is filed on Form PVP 12, the filing of the address for service shall be effective for the purposes of all proceedings in respect of the plant variety in relation to which that form is filed; and
(b)	where the address for service is filed on Form PVP 6 , the filing of the address for service shall be effective for the purposes of the proceedings in relation to which that form is filed and any related proceedings.

(5) In a case where paragraph (2) or (4) does not apply, the address for service shall be filed on Form PVP 1.

(6) Where an address for service is not filed as required under paragraph (1), the Registrar may send to the person concerned notice to file an address for service within 2 months from the date of the notice and if that person fails to do so —

(a)	in the case of an applicant referred to in paragraph (1)(a) or (c), the application shall be treated as withdrawn;
(b)	in the case of a person referred to in paragraph (1)(b), he shall be deemed to have withdrawn from the proceedings in question; and
(c)	in the case of a grantee referred to in paragraph (1)(d) or a party referred to in paragraph (1)(e), he shall not be permitted to take part in the proceedings in question.

(7) An application requesting the Registrar to alter an address for service shall be made on Form PVP 1.

(8) Any thing sent to or served on a person at his address for service shall be taken to have been duly sent to or served on the person.

(9) Subject to any filing to the contrary under paragraphs (2) to (7), or under any part of these Rules, the Registrar may —

(a)	treat the address for service of an applicant for grant of protection as that of the grantee upon the grant of protection; and
(b)	treat the trade or business address in Singapore of a person as his address for service.

Procedural representatives

10.—(1) A breeder shall notify the Registrar of the appointment of a procedural representative in Form PVP 2.

(2) The Registrar may, in dealing with any matter under the Act or these Rules in respect of which a person has been appointed to act as a procedural representative on behalf of a breeder (referred to in this rule as the procedural representative’s principal), require the personal signature or presence of either the procedural representative or his principal.

(3) The Registrar may, by notice in writing sent to a procedural representative, require the procedural representative to produce evidence of his appointment.

(4) Where a breeder substitutes one procedural representative for another, the newly appointed procedural representative shall file with the Registrar Form PVP 2 on or before the first occasion he acts as the procedural representative.

(5) Where there is a change in the name of a procedural representative and the procedural representative remains the same legal entity after such change, the procedural representative may file one Form PVP 2 in respect of such change in name for all the matters under the Act for which the procedural representative has been appointed.

(6) Any act required or authorised by the Act in connection with the making of a grant of protection, or any procedure relating to a grant of a protection, may not be done by or to the newly appointed procedural representative referred to in paragraph (4) until after he has complied with that paragraph.

Made this 24th day of June 2004.

YONG YING-I

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 18/001/007 Vol. 1; AG/LEG/SL/232A/2004/1 Vol. 1]

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