【法规名称】
【法规编号】 79132 什么是编号？
【正 文】
CAP 490A PLANT VARIETIES PROTECTION REGULATION
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(Cap 490 section 42) [24 October 1997] L.N. 493 of 1997 (L.N. 279 of 1997) Cap 490A s 1 (Omitted as spent) (Omitted as spent) Cap 490A s 2 Interpretation In this Regulation, unless the context otherwise requires- "relevant variety" (有关品种)- (a) in relation to an application for a grant of plant variety rights under the Ordinance, means the variety which is the subject of the application; (b) in relation to an application for a declaration under section 31(1)(b) of the Ordinance that a variety ("the other variety") is an essentially derived variety from another variety ("the initial variety"), means the variety which is the subject of the application, and includes- (i) the initial variety; and (ii) the other variety. Cap 490A s 3 Prescribed periods for giving descriptions, material and information An applicant shall- (a) give to the Registrar the description in respect of the relevant variety as required by section 13(2)(a) of the Ordinance within 7 days after making the application; (b) give to the Registrar the proposed denomination for the relevant variety as required by section 13(2)(b) of the Ordinance within 2 months after making the application; (c) furnish the Registrar pursuant to section 13(3) of the Ordinance with the result of any test of the relevant variety undertaken or commissioned by the applicant with the approval of or as required by the Registrar under section 4(1) within 12 months after being requested by the Registrar to so furnish; (d) furnish the Registrar pursuant to section 13(3) of the Ordinance with the result of any test of the relevant variety obtained by the applicant with the approval of or as required by the Registrar under section 4(1) within 2 months after being requested by the Registrar to so furnish; (e) furnish the Registrar with the reproductive material and other information (except the result of any test of the relevant variety referred to in paragraphs (c) and (d)) pursuant to section 13(3) of the Ordinance within 2 months after being requested by the Registrar to do so,or within such longer period as the Registrar may allow under section 9. Cap 490A s 4 Testing of plant varieties (1) In considering an application for a grant or an application for a declaration under section 31(1)(b) of the Ordinance, the Registrar, in order to satisfy himself that- (a) (in the case of an application for a grant) the relevant variety is new, distinct, stable and homogeneous within the meaning of section 18 of the Ordinance; or (b) (in the case of an application for a declaration under section 31(1)(b) of the Ordinance) the other variety (as referred to in the definition of "relevant variety" in section 2) is an essentially derived variety from the initial variety (as referred to in the definition of "relevant variety" in section 2) within the meaning of section 31 of the Ordinance,may, if he thinks fit- (i) upon the request of the applicant, commission any test of the relevant variety, and at his absolute discretion examine and evaluate the result of such test; (ii) approve at his absolute discretion and on such conditions as he may impose or approve the applicant's undertaking or commissioning at the applicant's own cost of any test of the relevant variety, and at his absolute discretion examine and evaluate the result of such test; (iii) require the applicant to undertake or commission any test of the relevant variety at the applicant's own cost and on such conditions as the Registrar may impose or approve, and at his absolute discretion examine and evaluate the result of such test; (iv) upon the request of the applicant, obtain the result of any test of the relevant variety already conducted by a person or body independent of the applicant, and at his absolute discretion examine and evaluate such result; (v) approve at his absolute discretion and on such conditions as he may impose or approve the applicant's obtaining at the applicant's own cost of the result of any test of the relevant variety already conducted by a person or body independent of the applicant, and at his absolute discretion examine and evaluate the result of such test; (vi) require the applicant to obtain at the applicant's own cost the result of any test of the relevant variety already conducted by a person or body independent of the applicant that complies with such conditions as the Registrar may impose or approve in relation to the test, and at his absolute discretion examine and evaluate such result.(2) The Registrar may disregard the result of any test of the relevant variety undertaken or commissioned by the applicant with the approval of or as required by the Registrar under subsection (1) unless the conditions on which the Registrar approved the applicant's undertaking or commissioning the test or on which the applicant was required to undertake or commission the test (as the case may be), were complied with. (3) The Registrar may disregard the result of any test of the relevant variety obtained by the applicant with the approval of or as required by the Registrar under subsection (1) unless the conditions on which the Registrar approved the applicant's obtaining the result were complied with or unless the test complies with the conditions imposed or approved by the Registrar in relation to the test (as the case may be). |
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