Plant Varieties Protection Rules
Table of Contents
Part I PRELIMINARY
1 Citation
2 Definitions
3 Fees
4 Forms
5 Filing of documents
6 Signature on documents
7 Service of documents
8 Furnishing of address
9 Address for service
10 Procedural representatives
Part II GRANT OF PROTECTION
Division 1 — Application
11 Application for grant of protection
12 Representation of plant variety
13 Claim to priority
14 Samples or specimens
15 Deficiencies in applications
16 Publication
17 Amendment of application or document
17A Publication of and objection to application for correction
18 Withdrawal of application
Division 2 — Objections
19 Objections to application or registration of denominations
20 Contents of notice of objection
21 Counter-statement
22 Evidence in support of objection
23 Evidence in support of application or registration
24 Evidence in reply by objector
25 Further evidence
26 Exhibits
27 Pre-hearing review
28 Objection hearing
29 Technical advisor
30 Registrar’s decision in objection proceedings
31 Extension of time in objection proceedings
32 Costs in uncontested objection
33 No registration of denomination pending outcome of objection hearing
Division 3 — Examination
34 Request for examination
35 Examination by Examiner
36 Corresponding examination report
37 Examination report
38 Removal of material
Division 4 — Making and publication of grant of protection
39 Making of grant of protection
40 Publication of grant of protection
Division 5 — Exceptions to infringement of grant of protection
41 Plant genera and species exempt from rights of grantee under section 31(2) of Act
Division 6 — Replacement denominations
42 Submission and registration of replacement denominations
Part III REGISTER
43 Entry in register of particulars of application, grant of protection and other matters
44 Application for registration of transactions, instruments, etc.
45 Rectification of error or omission in register
46 Application to change name and address in register
Part IV ANNUAL FEE AND INFORMATION
47 Payment of annual fee and submission of information
48 (Deleted)
49 Form for providing information, etc.
Part V CANCELLATION AND RENUNCIATION
50 Application to cancel grant of protection
51 Counter-statement
52 Further procedure
53 Intervention by third parties
54 Application for renunciation of grant of protection
55 Publication and entry into register of cancellation or renunciation
Part VI EVIDENCE AND PROCEDURE
56 Right of affected party to be heard
57 Hearing before Registrar to be in public
58 Evidence in proceedings before Registrar
59 Statutory declarations
60 Notice of seal of officer taking declaration
Part VII COSTS
61 Application for costs
62 Assessment of costs
63 Assessment proceedings
64 Scale of costs
65 Certificate of assessment
Part VIII EXTENSION OF TIME
66 Request for extension of time
66A Extension of time limits in special circumstances
67 Where non-compliance with time caused by Registry
68 Change of commencement date of period for filing evidence
Part VIIIA ELECTRONIC ONLINE SYSTEM
68A Establishment of electronic online system
68B Duty of person using electronic online system
Part IX MISCELLANEOUS PROVISIONS
69 Hours of business and excluded days
70 Extension of period where interruption in postal service, etc.
71 Certificates and copies
72 Irregularities
73 Case management conference
74 Registrar’s power to require documents, information or evidence
75 (Deleted)
76 Application to Court
77 Filing of court orders
78 Plant Varieties Protection Journal
79 Translations
80 Inspection of register, etc.
Legislative History