【法规名称】
【法规编号】 79132 什么是编号？
【正 文】
第2页 CAP 490A PLANT VARIETIES PROTECTION REGULATION
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[接上页] (4) The applicant shall make payment to the Registrar of such sum as is necessary to defray any costs and expenses incurred by the Registrar in relation to the test of the relevant variety commissioned by the Registrar under subsection (1) or in relation to the obtaining by the Registrar of the result of any test of the relevant variety under that subsection, and such payment shall be made at such time and in such manner as the Registrar may require. (5) If the applicant fails to make the payment to the Registrar as required by subsection (4), the application shall be deemed to be withdrawn by the applicant on the expiration of the period within which the Registrar requires such payment to be made, and section 15(2) of the Ordinance shall apply accordingly. Cap 490A s 5 Requirements for proposed denominations (1) The Registrar shall not approve a proposed denomination for a variety if it appears to him that- (a) it does not enable the variety to be identified; (b) it is not in such script, characters, figures or punctuation marks as required by subsection (2); (c) it is liable to give offence; (d) it is liable to mislead a person of average attentiveness concerning the origin, derivation, characteristics, value or identity of the variety, or the identity of the person who bred or discovered or developed the variety; (e) it is liable to cause confusion concerning the origin, derivation, characteristics, value or identity of the variety, or the identity of the person who bred or discovered or developed the variety; (f) it is identical, or can be confused, with a denomination or designation under which another existing variety of the same or of a related botanical species is registered in Hong Kong or in a UPOV country for the purposes of protection of plant variety rights; (g) it is identical, or can be confused, with a denomination or designation under which another existing variety of the same or of a related botanical species has previously been registered in Hong Kong or in a UPOV country for the purposes of protection of plant variety rights, where the protection afforded by the registration is no longer in force; (h) it is identical, or can be confused, with any designation in which any other person has a prior right that prohibits its use as a denomination of the variety; (i) it refers solely to attributes which are also common in other varieties of the species concerned; (j) it consists of a botanical or common name of a genus or species, or includes such a name, where this is likely to mislead or cause confusion; (k) it suggests that the variety is derived from or related to another variety when this is not the case; or (l) it includes all or any of the following words or translation thereof in botanical sense in other languages- (i) "variety"; (ii) "cultivar"; (iii) "form"; (iv) "hybrid"; (v) "cross"; (vi) "品种"； (vii) "栽培品种"； (viii) "变型"； (ix) "杂交种"； (x) "杂交"；(2) (a) If a variety is one in respect of which no equivalent application has been made in a UPOV country under the law of that country, the proposed denomination for that variety- (i) shall be in English script or Chinese characters; and (ii) may consist of figures or punctuation marks or both in addition to such script or characters. (b) If a variety is one in respect of which an equivalent application has been made in a UPOV country under the law of that country and that application has been accepted, the proposed denomination for that variety shall be- (i) in case the original denomination of that variety is in Chinese characters, whether with or without figures or punctuation marks in addition thereto, the same as that original denomination; (ii) in case the original denomination of that variety is in Roman script, whether with or without figures or punctuation marks in addition thereto, the same as that original denomination; (iii) in case the original denomination of that variety is in non-Roman script (other than Chinese characters), whether with or without figures or punctuation marks in addition thereto- (A) a sufficient transliteration or translation of that original denomination in English script, with such corresponding figures or punctuation marks or both as appropriate, to the satisfaction of the Registrar; or (B) a sufficient transliteration or translation of that original denomination in Chinese characters, with such corresponding figures or punctuation marks or both as appropriate, to the satisfaction of the Registrar.(c) For the purposes of this subsection- "equivalent application"(相等的申请) means an application in a UPOV country under the law of that country that is equivalent to an application for a grant in Hong Kong; "original denomination"(原有名目) means the denomination or designation of a variety for the purposes of an equivalent application in a UPOV country.(3) If the Registrar does not approve a proposed denomination pursuant to subsection (1), the Registrar shall inform the applicant of the ground for not approving the proposed denomination and require him to propose within 1 month another denomination for the variety. |
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