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[接上页] (a) a statement of the grounds upon which the objector makes his objection; (b) particulars of any evidence by way of a statutory declaration in support of the objector's objection; and (c) any other information that the Registrar thinks relevant and requests from the objector.(2) If the objector fails to comply with subsection (1), he shall, unless the Registrar otherwise directs, be deemed to have abandoned his objection. (3) The Registrar shall within 14 days of being furnished with the matters referred to in subsection (1)- (a) send to the applicant concerned a copy of such matters; and (b) send to the applicant concerned and the objector notice of a date and time when he will hear argument in the case, which date shall, unless the applicant concerned and the objector consent to shorter notice, be at least 14 days after the date of the notice.(4) If the applicant concerned or the objector fails to appear before the Registrar on the date and at the time for hearing argument referred to in subsection (3)(b), the Registrar may- (a) if he is satisfied that the failure to appear is due to reasonable cause, adjourn the hearing of argument to a date and time that he thinks fit; or (b) proceed to hear argument from the party appearing before him and make a decision without hearing argument from the party who fails to appear. Cap 490A s 14 Fees The fees set out in Schedule 1 are prescribed for the matters set out in that Schedule and shall be paid at such time and in such manner as the Registrar may specify. Cap 490A s 15 Species prescribed The species set out in Schedule 2- (a) are prescribed for the purposes of section 22(2) of the Ordinance; and (b) are those in respect of which every grant shall be in force for a term of 25 years under section 22(2) of the Ordinance. Cap 490A s 16 Appeal A notice of appeal filed under section 34(1) of the Ordinance shall be in the form set out in Schedule 3. Cap 490A s 17 Reproductive material (1) For the purposes of section 13(1)(a) of the Ordinance, the quantity of reproductive material set out in column 3 of Schedule 4 is prescribed in respect of the kind of variety set out opposite such quantity in column 2 of that Schedule. (2) For the purposes of section 18(9)(b) of the Ordinance, the stock of reproductive material in relation to a variety which is required to be maintained is the stock set out in column 3 of Schedule 5 opposite the variety concerned set out in column 2 of that Schedule. Cap 490A Sched 1 FEES [section 14] Item Matter Amount 1. An application under section 13(1) of the Ordinance $3960 2. Fee for a grant, as mentioned in section 18(2)(c) of the Ordinance $260 3. A request under section 29(1) of the Ordinance $2270 4. An application under section 31(1) of the Ordinance $3960 5. Obtaining uncertified copy or extract of an entry in the register $18 per copy or extract 6. Obtaining certified copy or extract of an entry in the register $165 per certified copy or extract 7. Annual grant fee, as mentioned in sections 18(9)(a) and 24(2)(g) of the Ordinance, in relation to any variety $1470 Cap 490A Sched 2 SPECIES IN RESPECT OF WHICH DURATION OF GRANT IS 25 YEARS [section 15] 1. Any species of tree 2. Any species of vine Cap 490A Sched 3 NOTICE OF APPEAL Remarks: Amendments retroactively made-see 25 of 1998 s. 2 [section 16] PLANT VARIETIES PROTECTION ORDINANCE (Cap 490) 植物品种保护条例 (第490章) NOTICE OF APPEAL 上诉通知书 Appeal No. of 19 上诉编号:19 年第 号BETWEEN 与讼者: ................................................................................................................ Appellant (a) 上诉人(a) and 及 Registrar of Plant Variety Rights 植物品种权利注册处处长 Respondent 答辩人 TO THE COURT OF FIRST INSTANCE, 致原讼法庭: Take notice that I/we .................................................... , do hereby give notice to appeal 请注意:本人/我们 ........................................................... ,现发出通知,根 under section 32 of the Plant Varieties Protection Ordinance against the decision made by the 据《植物品种保护条例》第32条提出针对植物品种权利注册处处长所作决定的上 Registrar of Plant Variety Rights. 诉。 On appeal from the decision of the Registrar of Plant Variety Rights given on ................... 现就植物品种权利注册处处长于 ........................................ 作出的决定提出上 ....................... whereby it was decided that: 诉,该决定的内容为: 1. ......................................................................................................................................... 2. ......................................................................................................................................... For an order that the decision may be set aside and that: 现申请作出命令宣告该决定无效,并且申请作出以下命令: |