Protection of New Plant Varieties Act 2004 · Updated to 1 Jan 2006 · Part VI · Invalidation, Revocation, Surrender and Assignment or Transmission
39. Invalidation of breeder’s right
Feedback & supportAny interested person may institute court proceedings against the holder to invalidate the registration of a new plant variety and grant of a breeder’s right.
The court shall invalidate a breeder’s right if the person requesting the invalidation proves that—
breeder
“breeder” means a person who has bred or has discovered and developed any plant variety;
the holder has furnished to the Board false or misleading information or statement in respect of the application for registration of the new plant variety and grant of a breeder’s right;
the holder has not complied with the requirements of this
Act; or
the breeder’s right does not belong to the person to whom the breeder’s right was granted.
Notwithstanding subsection (2), the court shall not invalidate the registration of a new plant variety and grant of a breeder’s right on the ground mentioned in paragraph 39(2)(c) if the breeder’s right has been assigned to the person to whom the breeder’s right belongs.
plant
“plant” means any living organism in the plant kingdom but excludes any micro-organism;
If the provisions of subsection (1) apply to only some of the claims or some parts of a claim, such claims or parts of a claim may be declared invalid by the court and the invalidity of part of a claim shall be declared in the form of a corresponding limitation of the claim in question.