Section 26
Failure to file documentary evidence
of Protection of New Plant Varieties Act 2004
ActIn forceProvision 26 of 60
Section 26
(1)
If the applicant fails to file the documentary evidence as required under subsection 25(1), the Board may treat the application for the registration of the new plant variety and grant of a breeder’s right as abandoned.
(2)
Where the opponent fails to file the documentary evidence as required under subsection 25(1), the Board may treat the opposition as abandoned and shall approve the application for the registration of the new plant variety and grant of a breeder’s right.