PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 26 Grant of plant variety rights

PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 26

26. (1) Subject to this section, where an application for plant variety rights
in respect of a plant variety is accepted-

   (a)  if the Secretary is satisfied that-

        (i)    there is such a plant variety;

        (ii)   the plant variety is a new plant variety;

        (iii)  the applicant is entitled to make the application;

        (iv)   the grant of those rights to the applicant is not prohibited by
               this Act;

        (v)    those rights have not been granted to another person;

        (vi)   there has been no earlier application for those rights that has
               not been withdrawn or otherwise disposed of;

        (vii)  the name of the variety would comply with section 17; and

        (viii) all fees payable under this Act in relation to the application
               and the grant have been paid,
the Secretary shall grant those rights to the applicant; or

   (b)  if the Secretary is not so satisfied-the Secretary shall refuse to
        grant those rights to the applicant.

(2) The Secretary shall not grant, or refuse to grant, plant variety rights in
respect of a plant variety unless a period of at least 6 months has elapsed
since the giving of public notice of the application, or, if the application
has been varied in pursuance of a request under sub-section 19 (1) in a manner
that the Secretary considers to be significant, a period of 6 months has
elapsed since the giving of public notice of particulars of the variation, or
of the last such variation, as the case requires.

(3) The Secretary shall not refuse to grant plant variety rights unless the
Secretary has given the applicant for the rights a reasonable opportunity to
make a written submission to the Secretary in relation to the application.

(4) Where an objection to the grant of plant variety rights has been lodged
under section 20, the Secretary shall not grant the rights unless the
Secretary has given the person who lodged the objection a reasonable
opportunity to make a written submission to the Secretary in relation to the
objection.

(5) Plant variety rights shall be granted to a person by the issue to that
person by the Secretary of a certificate, signed by the Secretary or by the
Registrar, in a form approved by the Secretary and containing such particulars
of the plant variety to which the rights relate as the Secretary considers
appropriate.

(6) Where plant variety rights are granted to persons who made a joint
application for those rights, those rights shall be granted to those persons
jointly.

(7) Where the Secretary refuses to grant plant variety rights in respect of a
plant variety, the Secretary shall, within 30 days after refusing, give
written notice of the refusal to the applicant for the rights setting out the
grounds for the refusal.