PART I | 1. These Rules may be cited as the Plant Varieties Protection Rules. |
2.—(1) In these Rules, unless the context otherwise requires —| “electronic online system” means the electronic online system established under rule 68A; |
| “Plant Varieties Protection Journal” means the journal by that name published under rule 78. [S 401/2022 wef 26/05/2022] |
| (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. |
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3.—(1) The fees specified in the Second Schedule shall be payable to the Registrar in respect of the matters specified in the Schedule.(2) Unless otherwise provided for in the Act or these Rules, or the Registrar permits or directs otherwise in any particular case —| (a) | any fee specified in the Second Schedule in respect of a matter shall be paid at the same time as —| (i) | the filing of the form for that matter; or | | (ii) | if no form is prescribed for the matter, the request for the matter is made; and |
| | (b) | if the fee is not paid, the form or request shall not be treated as filed or made (as the case may be). |
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| (3) Subject to paragraph (4), a fee must be paid using the mode of payment permitted or directed by the Registrar. [S 401/2022 wef 26/05/2022] |
| (4) Where the electronic online system is used to carry out an act mentioned in rule 68A, the fee payable in connection with that act must, unless otherwise permitted or directed by the Registrar, be paid using the mode of payment designated by the electronic online system. [S 401/2022 wef 26/05/2022] [S 504/2014 wef 30/07/2014] |
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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) The Registrar may modify any form in any particular case or class of cases. [S 437/2020 wef 05/06/2020] |
| (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. |
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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; and [S 437/2020 wef 05/06/2020] | | (b) | be filed in accordance with the requirements relating to its size, durability, legibility or format specified in any practice direction issued by the Registrar. [S 437/2020 wef 05/06/2020] | | (c) | [Deleted by S 437/2020 wef 05/06/2020] |
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| (3) Where the Registrar refuses to accept any document that does not comply with paragraph (2), the Registrar must give the person that filed the document a notice stating the manner in which the document does not comply with that paragraph. [S 437/2020 wef 05/06/2020] |
(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. |
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| (5) The Registrar may require the filing of a hard copy of any document filed using the electronic online system. [S 401/2022 wef 26/05/2022] |
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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. |
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| 7.—(1) Where the Act or these Rules authorise or require any document to be given or sent to, filed with or served on the Registrar, the giving, sending, filing or service must be effected on the Registrar by sending an electronic communication of the document using the electronic online system. [S 401/2022 wef 26/05/2022] (2) Where the Act or these Rules authorise or require a party to give or send a document to, or serve a document on, another party (other than the Registrar), the giving, sending or service may be effected —| (a) | by post; | | (b) | by hand; | | (c) | by courier; [S 401/2022 wef 26/05/2022] | | (ca) | by sending an electronic communication using the electronic online system; or [S 401/2022 wef 26/05/2022] | | (d) | subject to paragraph (5), by sending an electronic communication of the document by any other electronic means. [S 401/2022 wef 26/05/2022] |
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(3) Where the Act or these Rules authorise or require any notice or other document to be given or sent to or served on any party by the Registrar, the Registrar may send the notice or other document to that party —| (a) | by post; | | (b) | by hand; | | (c) | by courier; or | | (d) | by sending an electronic communication of the notice or other document using the electronic online system or, subject to paragraph (5), by any other electronic means. [S 401/2022 wef 26/05/2022] |
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| (4) Subject to paragraph (5), the Registrar may, in a particular case, permit the giving, sending, filing or serving of a document in a manner other than provided by paragraph (1) or (2). |
(5) However, the use of electronic means under paragraph (2)(d), (3)(d) or (4) must be with the consent (express or implied) of —| (a) | the party; or | | (b) | the Registrar, |
| to whom the notice or other document is being given or sent, filed with or served by those means. |
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| (6) Where any notice or other document is sent by post under paragraph (2) or (3), the giving, sending or serving (as the case may be) of the notice or document is treated (until the contrary is proved) as occurring at the time at which the notice or document would have been delivered in the ordinary course of post. |
| (7) For the purposes of paragraphs (2) and (3), a notice or other document is sent to a party by post if the notice or other document is sent by prepaid post to the party at the party’s address for service mentioned in rule 9. |
| (8) Despite the availability of an address for service provided under rule 9, where any document is given or sent to, filed with or served on a person by sending an electronic communication in the manner permitted by paragraph (2)(ca) or (d), (3)(d) or (4), that document is taken to have been duly given or sent to, filed with or served on the person. [S 401/2022 wef 26/05/2022] |
| (9) Service of any notice or other document under the Act or these Rules on a person by electronic communication using the electronic online system may be effected only if the person is registered as an account holder in accordance with any practice directions issued by the Registrar under rule 68A(5). [S 401/2022 wef 26/05/2022] |
(10) A notice or other document sent, filed or served by means of an electronic communication (other than the electronic online system) is treated as sent, filed or served —| (a) | if the time and the day the electronic communication becomes capable of being retrieved by the person to whom the notice or document is sent, filed or served does not fall on an excluded day for the business of sending, filing or serving the notice or document — at that time and on that day; or | | (b) | if that time falls on such excluded day — on the next following day that is not such excluded day. [S 401/2022 wef 26/05/2022] |
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(11) A notice or other document that is —| (a) | transmitted to the Registrar or a party by means of the electronic online system; and | | (b) | received, by the server of that system set up to receive such transmissions, at any time before midnight on any day, |
| is treated as sent to, filed with or served on, and received by, the Registrar or the party — |
| (c) | if that day is not an excluded day for the business of sending to, filing with or serving on the Registrar or the party the notice or document by means of that system — at that time and on that day; or | | (d) | if that day is such excluded day — on the next following day that is not such excluded day. [S 401/2022 wef 26/05/2022] |
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| (12) For the purposes of paragraph (11), the notice or other document is treated as sent to, filed with or served on, and received by, the Registrar or the party if and only if the last byte of the transmission containing the notice or document is received by the server mentioned in that paragraph. [S 401/2022 wef 26/05/2022] |
(13) Any person who sends, files or serves a notice or other document by means of the electronic online system may produce a record of transmission issued through that system as evidence of —| (a) | the sending, filing or service of that notice or document; and | | (b) | the date and time when the sending, filing or service took place. [S 401/2022 wef 26/05/2022] |
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| (14) This rule does not apply to notices and documents to be served in proceedings in court. [S 401/2022 wef 26/05/2022] [S 437/2020 wef 05/06/2020] |
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| 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 indicated by the address. [S 689/2021 wef 01/10/2021] | (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. |
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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 3 or 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; [S 504/2014 wef 30/07/2014] | | (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; and [S 504/2014 wef 30/07/2014] | | (c) | where the address for service is filed on Form PVP 11, the filing of the address for service shall be effective for the purposes of —| (i) | the payment of the annual fee and submission of information under section 24(3) of the Act for each anniversary of the date of the grant of protection for the plant variety in relation to which that form is filed; and | | (ii) | any related proceedings. [S 504/2014 wef 30/07/2014] |
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| (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 by or on behalf of a person as required by paragraph (1), and no address for service is effective for the purposes of any of the proceedings mentioned in paragraph (4), the Registrar may, subject to paragraph (6A), treat the person’s trade or business address in Singapore as that person’s address for service for the purposes of those proceedings. [S 401/2022 wef 26/05/2022] |
| (6A) Where the trade or business address of the person is not known to the Registrar, the Registrar may send to the person, at an alternative address of the person, a notice to furnish an address for service for the purposes of those proceedings, within 2 months after the date of the notice. [S 401/2022 wef 26/05/2022] |
(6B) Where the Registrar does not have any alternative address of the person to send the notice under paragraph (6A) or where the Registrar has sent a notice under that paragraph but no address for service is provided within 2 months after the date of the notice —| (a) | in the case of an applicant mentioned in paragraph (1)(a) or (c) — the application is treated as withdrawn; | | (b) | in the case of a person mentioned in paragraph (1)(b) — the person is treated as having withdrawn from the proceedings in question; and | | (c) | in the case of a grantee mentioned in paragraph (1)(d) or a party mentioned in paragraph (1)(e) — the grantee or party is not permitted to take part in the proceedings in question. [S 401/2022 wef 26/05/2022] |
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| (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) In paragraphs (6A) and (6B), “alternative address” means —| (a) | any address (not being an email address) that was previously provided by the person to the Registrar in relation to a matter under these Rules concerning the person that is the same as the matter at hand; or | | (b) | any email address that was previously provided by the person to the Registrar in relation to a matter under these Rules that is the same as the matter at hand, where the person had given prior consent for that email address to be used for correspondence with the person for such matter. [S 401/2022 wef 26/05/2022] |
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| 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. |
(7) Where a procedural representative for a breeder to any matter intends, on or after 26 May 2022, to cease to so act, the procedural representative —| (a) | must file with the Registrar in Form PVP 2 —| (i) | a notice of such intention; | | (ii) | the breeder’s latest address, including any email address, on the procedural representative’s records; and | | (iii) | a statement that the procedural representative has given reasonable notice to the breeder of such intention, and informed the breeder of the consequences set out in rule 9(6B) as applied by paragraph (10); and |
| | (b) | must serve such form on the breeder at the same time the form is filed with the Registrar. [S 401/2022 wef 26/05/2022] |
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| (8) On receipt of the form mentioned in paragraph (7)(a), the Registrar must send to the breeder a notice requesting the breeder to provide an address for service within 3 months after the date of the notice. [S 401/2022 wef 26/05/2022] |
| (9) The notice in paragraph (8) must be sent to the address of the breeder filed under paragraph (7)(a)(ii) or any alternative address of the breeder. [S 401/2022 wef 26/05/2022] |
(10) Rule 9(6B)(a), (b) or (c) (whichever is applicable) applies, with the necessary modifications, if —| (a) | the Registrar does not have any alternative address of the breeder to which to send a notice under paragraph (8); or | | (b) | the Registrar sent a notice under paragraph (8) and no address for service was provided within 3 months after the date of the notice. [S 401/2022 wef 26/05/2022] |
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| (11) In paragraphs (9) and (10), “alternative address” has the meaning given by rule 9(9). [S 401/2022 wef 26/05/2022] |
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