【法规名称】
【法规编号】 79132 什么是编号？
【正 文】
第3页 CAP 490A PLANT VARIETIES PROTECTION REGULATION
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[接上页] Cap 490A s 6 Register of Plant Variety Rights (1) The Registrar shall maintain the Register of Plant Variety Rights under section 8(1) of the Ordinance in such form as the Registrar considers appropriate, and shall make it available for inspection at this office by any member of the public during such hours of business as he may specify. (2) The Registrar shall, in relation to an application for a grant, the making of which has been notified in the Gazette under section 13(6)(a) of the Ordinance, enter in the register the following particulars- (a) the name of the species of the relevant variety; (b) the proposed denomination of the relevant variety or the applicant's reference for identifying the relevant variety; (c) the application number assigned by the Registrar to the application; (d) the date on which the provisional protection took effect under section 17 of the Ordinance; (e) the name and address of the applicant and if the applicant is not the person who bred or discovered or developed the relevant variety, the name and address of such person; (f) the Registrar's decision of making or declining to make the grant applied for, as and when such decision is made, and the date of such decision; and (g) such other particulars as the Registrar considers to be important or useful.(3) The Registrar shall, in relation to an application for a declaration under section 31(1)(b) of the Ordinance, the making of which has been notified in the Gazette under section 13(6)(a) of the Ordinance, enter in the register the following particulars- (a) the name of the species of the relevant variety; (b) the proposed denomination of the other variety (as referred to in the definition of "relevant variety" in section 2) or the applicant's reference for identifying such variety; (c) the application number assigned by the Registrar to the application; (d) the date on which the provisional protection took effect under section 17 of the Ordinance; (e) the name and address of the applicant; (f) the Registrar's decision of making or declining to make the declaration applied for, as and when such decision is made, and the date of such decision; and (g) such other particulars as the Registrar considers to be important or useful.(4) The Registrar shall, in relation to a grant, enter in the register the following particulars- (a) the grantee's name and address; (b) the date of the grant; (c) the duration of the grant; (d) the denomination approved by the Registrar for the protected variety; (e) the reference number under which the description of the protected variety's distinctive features are filed in the Registrar's file record kept under subsection (8); (f) details of every permission or order made under section 29 of the Ordinance in respect of the protected variety; (g) details of any cancellation of the grant; (h) where the Registrar is satisfied that any person other than the original grantee has become entitled to the grant or to a share in the rights of the grant, details of the entitlement; (i) where the grant was made pursuant to a priority accorded under section 20 of the Ordinance, details of the equivalent application concerned; and (j) such other particulars as the Registrar considers to be important and useful.(5) A grantee who has changed his name or address shall apply to the Registrar in writing for amendment of the register accordingly, and shall, if required, furnish the Registrar with documentary evidence in support of the change in name or address. (6) On the application of a person for the rectification of an error or omission in the register, the Registrar may, if he opines that the rectification may affect the interest of any person (other than the person making the application for rectification), publish details of it in the Gazette before making a decision. (7) Any document delivered to, served on or given to the Registrar in connection with any application may be amended with the consent of the Registrar after application in writing made to him by the person by whom or on whose behalf the document has been delivered, served or given. (8) The Registrar shall keep a file record of the description of the distinctive features of the protected varieties and shall hold the same available for public inspection at his office during such hours of business as he may specify. Cap 490A s 7 Copies and extracts from register (1) Any person who applies for a certified copy or an uncertified copy (as the case may be) of an entry in the register or a certified extract or an uncertified extract (as the case may be) from the register shall be entitled to obtain such a copy or extract on payment of the prescribed fees. (2) In this section- "certified copy" (核证副本) means a copy certified by the Registrar and sealed with the seal of the Registrar; "certified extract" (核证摘录) means an extract certified by the Registrar and sealed with the seal of the Registrar. Cap 490A s 8 Certain information to be published in the Gazette |
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