Application for grant of protection
Open ↗13.—(1) An application for a grant of protection for a plant variety must be made by the breeder of that plant variety in the prescribed manner to the Registrar.
(2) The application must contain or be accompanied by the following:(a)
a description of the plant variety;
(b)
the proposed denomination for the plant variety which qualifies for approval and registration under section 36;
(c)
an address for service in relation to that application, being an address within Singapore;
(d)
if a right of priority is claimed under section 14, full particulars of the relevant priority application.
(3) The application must be accompanied by an application fee and any other fees that may be prescribed.
(4) An application that complies with subsections (1), (2) and (3) at the time it is received at the Registry is, for the purposes of this Act, deemed to be made at that time.
(5) An application that does not comply with subsection (1), (2) or (3) at the time it is received is nevertheless deemed to be made at that time if it is rectified within such time and in such manner as the Registrar may specify.
(6) The Registrar must, if satisfied that an application complies with subsections (1), (2) and (3) —(a)
publish the application and the proposed denomination for the plant variety in the prescribed manner; and
(b)
notify the applicant of the publication.
Priority resulting from foreign application
Open ↗14.—(1) If —(a)
the breeder of a plant variety has made an application in any UPOV member other than Singapore (called in this section the foreign application) for the equivalent of a grant of protection; and
(b)
within 12 months after —(i)
the date on which the foreign application was made; or
(ii)
where more than one foreign application has been made (whether in one UPOV member or more than one UPOV member), the date the earliest foreign application was made,
the breeder makes an application for the grant of protection in respect of the plant variety in Singapore,
the breeder may, when making the application under this Act, claim a right of priority, and sections 22 and 23 apply to the application for a grant of protection in Singapore as if it had been made on the date the foreign application (or the earliest foreign application) was made.
(2) The breeder must, within the prescribed period after making the claim of a right of priority under subsection (1), submit to the Registrar a copy of any document constituting the foreign application, which must be certified as correct by the authority in the UPOV member to which the foreign application was made.[Act 7 of 2022 wef 26/05/2022]
(3) The breeder is allowed a period of 2 years after the end of the period mentioned in subsection (1)(b) or, where the foreign application (or the earliest foreign application) is rejected or withdrawn, a period of 2 years after the rejection or withdrawal, in which to furnish any necessary information, document or material required for the purpose of the examination under section 17 to the Registrar or an Examiner appointed by the Registrar for the purposes of this subsection (as the case may be) or an examination report under section 18 to the Registrar.[16/2014]
Publication
Open ↗15. The Registrar must publish applications for grant of protection, and information on other prescribed matters, in the prescribed manner at the time and frequency determined by the Registrar.[Act 7 of 2022 wef 26/05/2022]
Objections to denomination and grant of protection
Open ↗16.—(1) Any person may, within the prescribed period after the publication of a denomination, by written notice to the Registrar, object to the approval of that denomination.
(2) Any person may, within the prescribed period after the publication of an application for a grant of protection for a plant variety, by written notice to the Registrar, object to the making of a grant in respect of that plant variety on the ground that the plant variety is not new within the meaning of section 22.
(3) The Minister may make rules to provide for objection proceedings and for matters relating to objection proceedings.
(4) If a person who neither resides nor carries on business in Singapore makes an objection under this section, the Registrar may require the person to give security for the costs of the proceedings and may, if security is not given, dismiss the proceedings.
Examination of plant variety
Open ↗17.—(1) Subject to section 18, the applicant must, within the prescribed period after making an application, give to the Registrar or any Examiner appointed by the Registrar for the purposes of this section —(a)
in such detail as the Registrar or the Examiner may require for examination under subsection (2), a description of —(i)
the origin and breeding of the plant variety concerned (called in this section the candidate variety);
(ii)
the botanical features of the candidate variety; and
(iii)
at least one plant variety that is, to the breeder’s knowledge, most similar to the candidate variety and at least one characteristic which distinguishes the candidate variety from such other variety or varieties; and
(b)
propagating material of the candidate variety, but only if the Registrar or the Examiner requests for it.[16/2014]
[Act 7 of 2022 wef 26/05/2022]
(2) The Registrar or the Examiner must examine the candidate variety —(a)
to verify whether the candidate variety belongs to the stated botanical taxon;
(b)
to establish whether the candidate variety is distinct, uniform and stable; and
(c)
where the candidate variety is found to meet the requirements in paragraphs (a) and (b), to establish an official description of the variety.[16/2014]
(3) The Registrar or the Examiner may by written notice request the applicant to furnish any further information, document or propagating material of the candidate variety and of any similar plant variety in addition to any plant variety mentioned in subsection (1)(a)(iii).[16/2014]
(4) Where the Registrar or the Examiner has made a request for further information, documents or propagating material under subsection (3), the applicant must —(a)
furnish the information, document or propagating material within the period stated in the written notice; or
(b)
where the information, document or propagating material is not available, notify the Registrar or the Examiner (as the case may be) of this fact within that period.[16/2014]
(5) The Registrar or the Examiner (as the case may be) may extend the period in subsection (4) in a particular case.[Act 7 of 2022 wef 26/05/2022]
Corresponding examination
Open ↗18.—(1) Subject to subsection (2), the applicant may, instead of complying with the provisions in section 17, lodge with the Registrar in any manner that the Registrar may require and within the prescribed period, an examination report issued and certified by an Examiner in any UPOV member other than Singapore.[16/2014]
(2) The Registrar may reject an examination report lodged under subsection (1), in which case the applicant must comply with the provisions in section 17.
Withdrawal or lapse of application
Open ↗19.—(1) Any application may be withdrawn by the applicant at any time before a grant of protection is made in respect of it.
(2) The withdrawal of an application does not affect the applicant’s liability for any fees that may have become payable up to the date of that withdrawal.
(3) Where any information, document or material required to be given to the Registrar or an Examiner under the provisions of this Act is not supplied within the period stated in the written notice issued by the Registrar or the Examiner (as the case may be) requiring the information, document or material, the application concerned lapses upon the end of that period.[16/2014]
Provisional protection
Open ↗20. Where a grant of protection for a plant variety has been made under section 21, the grantee has the right to take proceedings in respect of the protected variety under this Act as if the grant of protection had been made on the date the application for that grant of protection was published under section 15.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
