Register to be maintained
Open ↗39.—(1) The Registrar must maintain a register of plant varieties.
(2) There must be entered in the register —(a)
grants of protection made;
(b)
every decision of the Registrar making or declining the making of a grant;
(c)
the approved denomination for a plant variety;
(d)
any particulars of the grantee that the Registrar may determine; and
(e)
any other matters and information relating to a protected variety or grant of protection whose entry in the register appears to the Registrar to be useful.
(3) The register may be kept in whole or in part using a computer.
(4) Any record of a particular or other matter made by using a computer used for the purpose of keeping the register, or any part of the register, is taken to be an entry in the register.
Inspection of and extract from register
Open ↗40.—(1) The register is to be available at the Registry for inspection by any person during the hours when the Registry is open for business.
(2) If the register, or any part of the register, is kept by using a computer, subsection (1) is satisfied if a person who wants to inspect the register or that part of the register is given access to a computer terminal from which the person can read on a screen, or obtain a printed copy of, the particulars or other matters recorded in the register or that part of the register.
(3) Any person who applies for a certified copy of an entry in the register or a certified extract from the register is entitled to obtain such a copy or extract on payment of the prescribed fee.
(4) In relation to any portion of the register kept otherwise than in documentary form, the right to a copy or extract conferred by subsection (3) is a right to a copy or extract in a form in which it can be taken away.[16/2012]
(5) In this section, “certified copy” and “certified extract” mean a copy and extract certified by the Registrar.[16/2012]
Rectification of register
Open ↗41.—(1) Any person having a sufficient interest may apply to the Registrar for the rectification of an error or omission in the register.
(1A) An application for rectification is subject to the rules mentioned in section 54(2)(ea).[Act 7 of 2022 wef 26/05/2022]
(2) Except where the Registrar directs otherwise, the effect of a rectification of the register is that the error or omission in question is deemed never to have been made.
(3) Subject to subsection (4), an application for rectification may not be made in respect of a matter affecting the validity of a grant of protection.
(4) The Registrar may make any correction in the register pursuant to any Court order affecting a grant of protection.
(5) The Registrar may remove from the register any matter which appears to him or her to have ceased to have effect.
Changes reflected in register
Open ↗42.—(1) The Registrar may enter the following in the register:(a)
any change in the grantee’s name or address;
(b)
any change in ownership of the rights in relation to a grant of protection;
(c)
a note of any licence granted by a grantee,
upon receiving such information under section 24(3) or on request made in the prescribed manner by the grantee of a registered grant of protection.
(2) Where a grant of protection has been transferred to another person, or a licence (including a licence granted under section 34) has been granted or transferred, an entry of this fact must, upon request and the payment of the prescribed fee, be made in the register.
Registration to be prima facie evidence of validity
Open ↗43. In any proceedings before the Court relating to a grant of protection —(a)
the entry in the register of a person as a grantee is prima facie evidence of the validity of the grant of protection; and
(b)
the entry in the register of any change in ownership of the rights in relation to the grant of protection is prima facie evidence of such change in ownership.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
