Part I Plant Varieties
Naming of protected varieties
18 Selection and registration of names.
1
The Ministers may by regulations—
a
make provision for the selection of names for varieties which are the subject of applications for the grant of plant breeders’ rights,
b
make provision about change of name in relation to varieties in respect of which plant breeders’ rights have been granted, and
c
make provision for the keeping of a register of the names of varieties in respect of which plant breeders’ rights have been granted.
2
Regulations under subsection (1) above may, in particular—
a
make provision enabling the Controller to require an applicant for the grant of plant breeders’ rights to select a name for the variety to which the application relates,
b
make provision enabling the Controller to require the holder of plant breeders’ rights to select a different name for the protected variety,
c
prescribe classes of variety for the purposes of the regulations,
d
prescribe grounds on which the registration of a proposed name may be refused,
e
prescribe the circumstances in which representations may be made regarding any decision as to the name to be registered in respect of any variety,
f
make provision enabling the Controller—
i
to refuse an application for the grant of plant breeders’ rights, or
ii
to terminate the period for which a grant of plant breeders’ rights has effect,
if the applicant or holder fails to comply with a requirement imposed under the regulations,
g
make provision for the publication or service of notices of decisions which the Controller proposes to take, and
h
prescribe the times at which, and the circumstances in which, the register may be inspected by members of the public.
3
The Controller shall publish notice of all entries made in the register, including alterations, corrections and erasures—
a
in the gazette, and
b
in such other manner as appears to the Controller to be convenient for the publication of these to all concerned.
4
For the purposes of subsection (1) above, the variety in respect of which plant breeders’ rights are granted is the protected variety.