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PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 36 Surrender of plant variety rights

PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 36

Surrender of plant variety rights
36. (1) Subject to sub-section (2), a grantee of plant variety rights may at
any time, by giving notice to the Registrar, offer to surrender those rights,
and the Registrar, after giving public notice of the offer and giving all
parties interested an opportunity to make a written submission to the
Registrar in relation to the offer, may, if the Registrar thinks fit, accept
the offer and revoke those rights.

(2) Where an action or proceeding under section 41 or 42 in respect of plant
variety rights is pending in a court, the Registrar shall not accept an offer
for the surrender of, or revoke, those rights, except by leave of the court or
by consent of the parties to the action or proceeding.