Skip to content

Section 23

of Protection of New Plant Varieties Act 2004

ActIn forceProvision 23 of 60

Section 23

(1)

Any interested person may, within three months from the date of publication of an application for the registration of a new plant variety and grant of a breeder’s right, give notice to the

Board and the applicant of his intention to oppose the application on any or any combination of the following grounds:

(a)

that the person opposing the application is entitled to the breeder’s right as against the applicant;

(b)

that the application for the registration of the new plant variety and grant of a breeder’s right does not comply with the requirements of this Act;

(c)

that the application for the registration of the new plant variety and grant of a breeder’s right is contrary to public order or morality;

(d)

that the application for the registration of the new plant variety and grant of a breeder’s right may produce a negative impact on the environment.

(2)

The notice shall be in writing in the manner to be specified by the Board in writing and shall include a statement of the grounds of opposition.