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.