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植物新品种保护实施细则, 伯利兹

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WIPO Lex中的最新版本
详情 详情 版本年份 2003 日期 发布: 2001年8月25日 生效: 2001年8月17日 文本类型 实施规则/实施细则 主题 植物品种保护 本法由法律修订官根据伯利兹法典(修订版2000)第3章赋予的职权进行的修改。
本版本包含下列法律:
1. 植物新品种保护法(生效)命令;
2. 植物新品种保护法实施细则。

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主要文本 主要文本 英语 Protection of New Plant Varieties Regulations        
 PROTECTION OF NEW PLANT VARIETIES REGULATIONS

BELIZE

PROTECTION OF NEW PLANT VARIETIES ACT CHAPTER 255

REVISED EDITION 2003 SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003

This is a revised edition of the Subsidiary Laws, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive Laws of Belize, Revised Edition 2000.

ARRANGEMENT OF SUBSIDIARY LAWS

BELIZE

PROTECTION OF NEW PLANT VARIETIES ACT CHAPTER 255

REVISED EDITION 2003 SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003

This is a revised edition of the Subsidiary Laws, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive Laws of Belize, Revised Edition 2000.

This edition contains a consolidation of the following laws- Page

1. PROTECTION OF NEW PLANT VARIETIES ACT (COMMENCEMENT) ORDER 3

2. PROTECTION OF NEW PLANT VARIETIES REGULATIONS 5

____________

Protection of New Plant Varieties [CAP. 255 3

CHAPTER 255

PROTECTION OF NEW PLANT VARIETIES ACT (COMMENCEMENT) ORDER

ARRANGEMENT OF ORDER

1. Short title.

2. Commencement of Chapter 255.

THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,

No. 1 Power Lane, Belmopan, by the authority of[ ]

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CAP. 255] Protection of New Plant Varieties4

105 of 2001. Act 16 of 2001.

Short title.

Commencement of Chapter 255.

CHAPTER 255

PROTECTION OF NEW PLANT VARIETIES ACT (COMMENCEMENT) ORDER

(Section 54)

[28th July, 2001.]

1. This Order may be cited as the

PROTECTION OF NEW PLANT VARIETIES ACT (COMMENCEMENT) ORDER.

2. In exercise of the powers conferred upon me by section 54 of the Protection of New Plants Varieties Act and all other powers thereunto me enabling, I, GODFREY SMITH, Attorney General, do hereby appoint the 9th day of July, 2001, as the day on which the said Act shall come into force.

MADE this 9th day of July, 2001.

(GODFREY SMITH) Attorney General

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Protection of New Plant Varieties [CAP. 255 5

CHAPTER 255

PROTECTION OF NEW PLANT VARIETIES REGULATIONS

ARRANGEMENT OF REGULATIONS

1. Short title.

2. Interpretation.

3. Informing applicant of ground for rejection.

4. Register of Plant Breeder‘s Rights.

5. Copies and extracts from Register.

6. Certain information to be published in the Journal.

7. Extensionof timelimit.

8. Service of documents.

9. Translation of documents.

10. Awarding of costs and requiring security.

11. Opposition to grant.

12. Fees set out.

13. Currency.

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CAP. 255] Protection of New Plant Varieties6

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

Excess fee.

Fee refund.

Refund of advance fee.

Payment of fees.

Cheques.

Form required.

Replacing documents.

Paper requirements.

Numbered consecutively.

Language of documents.

Propagating material.

Commencement.

SCHEDULE I

SCHEDULE II

SCHEDULE III

SCHEDULE IV

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No. 1 Power Lane, Belmopan, by the authority of[ ]

the Government of Belize.

Protection of New Plant Varieties [CAP. 255 7

CHAPTER 255

PROTECTION OF NEW PLANT VARIETIES REGULATIONS (Section 53)

[25th August, 2001.]

1. These Regulations may be cited as the

PROTECTION OF NEW PLANT VARIETIES REGULATIONS.

2. In these Regulations, unless the context otherwise requires-

—Court“ means the Supreme Court of Judicature established under the Supreme Court of Judicature Act;

—Journal“ means the Journal of Intellectual Property referred to in section 5 (d) of the Patents Act;

—Office“ means the Office of Companies, Corporate Affairs and Intellectual Property established under section 3 of the Patents Act;

—Register“ means the Register of Plant Breeder‘s Rights referred to in section 3 (2) of the Act;

—Registrar“means theRegistrarofCompanies,CorporateAffairsandIntellectual Property;

—relevant variety“ means the variety which is the subject of the application (in relation to an application for a grant of plant variety rights under the Act).

116 of 2001. Ch. 255.

Short title.

Interpretation.

CAP. 91.

CAP. 253.

CAP. 253.

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CAP. 255] Protection of New Plant Varieties8

Informing applicant of ground for rejection.

Register of Plant Breeder‘s Rights.

3. If the Registrar does not approve a variety denomination pursuant to section 32 (3), the Registrar shall inform the applicant of the ground for not approving the variety denomination and require him to propose within one month another denomination for the variety.

4. (1) The Registrar shall maintain the Register of Plant Breeder‘s Rights referred to in section 3 (2) of the Act in such form as the Registrar considers appropriate.

(2) The Registrar shall, in relation to an application for a grant, 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 40 of the Act;

(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

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Protection of New Plant Varieties [CAP. 255 9

(g) such other particulars as the Registrar considers to be important or useful.

(3) The Registrar shall, in relation to a grant, enter in the Register the followingparticulars-

(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 sub- regulation (7);

(f) details of any cancellation of the grant;

(g) 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;

(h) where the grant was made pursuant to a priority accorded under section 29 of the Act, details of the equivalent application concerned; and

(i) such other particulars as the Registrar considers to be important and useful.

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CAP. 255] Protection of New Plant Varieties10

Copies and extracts from Register.

(4) 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.

(5) 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 Journal before making a decision.

(6) Anydocumentdelivered to, servedonorgiven to theRegistrar 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.

(7) 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.

5. (1) Any person who applies for a certified copy or an uncertified copy (as the case may be) of any 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 regulation-

—certified copy“ means a copy certified by the Registrar and sealed with the seal of the Registrar;

—certified extract“ means an extract certified by the Registrar and sealed with the seal of the Registrar.

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Protection of New Plant Varieties [CAP. 255 11

6. (1) As soon as practicable after the Registrar has decided to make ordecline tomakeagrant, theRegistrar shall advertisehisdecision in theJournal.

(2) As soon as may be after 1st January of every year, the Registrar shall prepare and publish in the Journal a list of the relevant varieties and the protected varieties that have been entered in the Register in the preceding year under regulation 4 (2) and (3) and are still in force as at that date.

7. (1) Where any document or thing is to be delivered, served or given or any act is to be done within a time limit specified by the Registrar, or prescribed by or required under these Regulations, such time limit may, upon application in writing made to the Registrar by the person required to deliver, serve or give the document or thing or do the act, be extended by the Registrar for such period and upon such terms, if any, as he thinks fit if in all the circumstances of the case he considers it reasonable to do so.

(2) The Registrar shall give to a person making an application in accordance with sub-regulation (1), notice of his decision to extend or to refuse to extend the time limit in question.

8. (1) An applicant or grantee shall file with the Registrar an address for servicewithinBelize.

(2) An applicant or grantee may at any time change his address for service by notice in writing to the Registrar.

(3) Any document or thing required or authorized by these Regulations to be delivered to, served on or given to any person other than the Registrarmaybedelivered, servedorgivenbybeingdelivered tohimpersonally, left for him at his address for service or sent to him there by post.

(4) Any document or thing required or authorized by these Regulations to be delivered to, served on or given to the Registrar may be delivered, served or given by being left for the Registrar, or sent to the Registrar

Certain information to be published in the Journal.

Extension of time limit.

Service of documents.

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CAP. 255] Protection of New Plant Varieties12

Translation of documents.

by post, at his Office or at such other place as the Registrar may have required inwriting.

(5) Any document or thing sent by post in accordance with sub- regulation (3) or (4) shall be deemed to have been received at the time when the letter, properly addressed and postage prepaid, containing it would be delivered in the ordinary course of post.

9. (1) Where any document submitted to the Registrar pursuant to the Act or these Regulations is in a language other than the English language, it shall, unless the Registrar otherwise directs, be accompanied by a complete and adequate translation into the English language.

(2) A translation of any document submitted to the Registrar shall be made by a qualified person and shall be certified by such person to be a full and correct translation of the document.

(3) A person making the translation is a qualified person if he is certified by the appropriate person mentioned in paragraphs (a) and (b) to be believed by such appropriate person to be competent to translate the document into the English language, that is to say-

(a) if the translation is made outside Belize;

(i) a notary public in the place where the translation is made; or

(ii) such other person as may be specified by the Registrar;

(b) if the translation is made in Belize-

(i) a notary public in Belize;

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Protection of New Plant Varieties [CAP. 255 13

(ii) an attorney-at-law practicing in Belize in accordance with the relevant law; or

(iii) such other person as may be specified by the Registrar.

(4) The Registrar may in any particular case, if he thinks fit to do so and upon such conditions as he thinks fit, permit translations to be submitted to him though not certified in accordance with the above requirements.

10. (1) The Registrar or the Court may- Awarding costs and requiring security.(a) award any party such costs as he or it considers

reasonable; and

(b) direct how and by what parties they are to be paid.

(2) An order of the Registrar made pursuant to sub-regulation (1) may be enforced in the same way as an order of the Court.

(3) The Registrar may, in appropriate cases, require a party to proceedings before him to give security for costs, and the consequences if such security is not given may be stated in Regulations made under this Act.

(4) For the purposes of this regulation, the word —costs“ includes-

(a) remuneration by way of allowances, for the services of an expert witness; and

(b) payment of travelling allowances of an expert witness, in respect of time spent travelling in connection with undertaking such services,

in relation to proceedings before the Registrar or before the

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CAP. 255] Protection of New Plant Varieties14

Court.

Opposition to 11. (1) If an opposition is filed under section 41 of the Act, the person grant. filing the opposition shall upon the Registrar‘s request furnish the Registrar

within 1 month after being requested by the Registrar with-

(a) a statement of the grounds upon which the person opposing the grant files his objection;

(b) particulars of any evidence by way of a statutory declaration in support of the opposition; and

(c) any other information that the Registrar thinks relevant and requests from the person filing the opposition.

(2) If the person filing the opposition fails to comply with sub- regulation (1), he shall, unless the Registrar otherwise directs, be deemed to have abandoned his opposition.

(3) The Registrar shall within 14 days of being furnished with the matters referred to in sub-regulation (1)-

(a) send to the applicant concerned a copy of such matters; and

(b) send to the applicant concerned and the person filing the opposition notice of a date and time when he will hear argument in the case, which date shall, unless the applicant concerned and the person filing the opposition consent to shorter notice, be at least 14 days after the date of the notice.

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Protection of New Plant Varieties [CAP. 255 15

(4) If the applicant concerned or the person filing the opposition fails to appear before the Registrar on the date and at the time for hearing the argument referred to in sub-regulation (3) (b), the Registrar may-

(a) if he is satisfied that the failure to appear is due to reasonable cause, adjourn the hearing of the 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.

12. The fees to be paid under the Act and these Regulations are those fixed in Schedule I.

13. Payments shallbemade inBelizeancurrency,but theequivalentamount in a foreign currency that is convertible in Belize may be accepted.

14. When a fee paid by a person to the Registrar for any purpose exceeds the fee fixed by these Regulations for that purpose by more than $10, the person who paid the fee is entitled to be refunded the amount of excess less $10.

15. When a fee is paid to the Registrar by any person by mistake, for an application that is withdrawn before it is given an application number, or for a service that cannot be provided, the person who paid the fee is entitled to a refund of the fee less $25, if he claims the refund within one year of the payment of the fee.

16. When a person pays a fee in advance for the grant of a variety right, renewal of a variety right or for any other purpose, he is entitled to a refund of that fee, less $15, if he decides not to proceed with the application for the variety right, renewal or other matter to the stage where the fee would be required.

Fees set out.

Currency.

Excess fee.

Fee refund.

Refund of advance fee.

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CAP. 255] Protection of New Plant Varieties16

Payments of fees.

Cheques.

Form required.

Replacing documents Schedule II.

Schedule II.

Paper requirements.

17. (1) Fees that are paid by cheque, bank draft or money order shall be forwarded to the Registrar and made payable to him.

(2) Fees may be paid by cash at the Office.

18. A payment of a fee by cheque may be accepted by the Registrar as being a payment of the fee when the cheque is received by him, but if the cheque is not paid when presented to the bank on which it is drawn and not made good within such time as the Registrar may fix, the acceptance of the fee is revokedandanythingdonepursuant to thepayment isvoidand, ifappropriate, shall be so recorded in the Register.

19. (1) In submitting a document to the Office for any purpose, the person submitting the document must use the form set out in Schedule II that is appropriate for the purpose, but the form may be modified in such manner as is necessary in the circumstances.

(2) In submitting a document to the Office, one copy only of the document need be submitted.

20. If a document that is submitted to the Office differs significantly from the form in Schedule II intended to be used for the purpose of the submission, the Registrar may require that the document be replaced, within a time fixed by the Registrar, by one that conforms to the document required by Schedule II to be used for the purpose.

21. (1) All applications, notices, statements, technical questionnaires, or other documents authorized or required by the Act or these Regulations to be made, left with or sent to the Registrar must be on strong, durable white paper and, except in the case of statutory documents and affidavits, must be written on one side of the paper only.

(2) Each sheet of paper must have its short sides at the top and bottom of the sheet.

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No. 1 Power Lane, Belmopan, by the authority of[ ]

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Protection of New Plant Varieties [CAP. 255 17

(3) Each sheet of paper must be of the same size and on A-4 paper or such other size as the Registrar may permit.

22. (1) The pages of documents must be numbered consecutively, preferably at the top of the page.

(2) Page margins must be at least 2 centimetres.

(3) Pages must be typed or printed, preferably with one and a half spacing or double spacing.

23. An application must be in English.

24. (1) For the purposes of section 28 (3) of the Act, the quantity of propagating material set out in column 3 of Schedule III is prescribed in respect of thekindofvariety setoutopposite suchquantity incolumn2of thatSchedule.

(2) For the purposes of section 20 (1) of the Act, the stock of propagating material in relation to a variety which is required to be maintained is the stock set out in column 3 of Schedule IV opposite the variety concerned set out in column 2 of that Schedule.

25. These Regulations shall come into force on the 17th day of August, 2001.

MADE by the Attorney General this 17th day of August, 2001.

(GODFREY SMITH) Attorney General

Numbered consecutively.

Language of documents.

Propagating material.

Commencement.

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the Government of Belize.

CAP. 255] Protection of New Plant Varieties18

SCHEDULE I [Regulation 12]

FEES $

An application under section 28 of the Act … … … … ... ... 300.00

Fee for a grant of breeder‘s right under section 39 of the Act 300.00

Applying for a compulsory licence under section 51 (1) of the Act … … … … … … … … … ... ... ... ... ... ... ... 500.00

ExaminationofRegister … … … … … … 5.00 per

page or part of a page

Obtaining uncertified copy or extract of an entry in the Register … … … … … … … … 5.00

per page or part of a page

Obtaining certified copy or extract of an entry in the Register … … … … … … … … 10.00

per page or part of a page

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No. 1 Power Lane, Belmopan, by the authority of[ ]

the Government of Belize.

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Protection of New Plant Varieties [CAP. 255 19

Annual renewal fee, as mentioned in section 22 of the Act, in relation to any variety ... … … … … … 500.00

Making late payment of the annual fee … … … 100.00

Assignment or transfer of application for the grant of breeder‘s right … … … … … … … 200.00

Opposition to grant of breeder‘s right as mentioned in section 41 (1) of the Act … … … … … … 200.00

Application for invalidation of breeder‘s right under section 26 of the Act … … … … … … 200.00

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CAP. 255] Protection of New Plant Varieties20

SCHEDULE II [Regulation 19 (1)]

(Section 28 (1) of the Act)

FORM NO. 1

APPLICATION FOR PROTECTION OF A PLANT VARIETY

Owner(s): name(s) and address(es):1.

(If Belize (BZ address) fax:telephone:

BZ address to which corres-2. pondence is to be sent (if different from 1.):

fax:telephone:

_____________________________Common name:Kind of plant:3.

______________________________Botanical name:

4. (a) _____________________Proposed denomination (in block letters): (b) _______________________________s reference (if any):'Breeder (c) _____________________________Commercial synonyms (if any):

(a) Name and address of original breeder(s) (if other than owner(s)):5. To the best of my (our) knowledge there is no other original breeder

(b) If original breeder(s) other than owner(s), indicate whether the variety was transferred to owner(s) by:

other (specify):•succession•• contract

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Protection of New Plant Varieties [CAP. 255 21

Have applications for plant variety protection been made in other6. countries:

No•Yes•

If "yes" give details below:

Country Applicationdate Application No. Stage Denomination

s'(or breeder reference)

THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,

No. 1 Power Lane, Belmopan, by the authority of[ ]

the Government of Belize.

CAP. 255] Protection of New Plant Varieties22

Checklist The items in bold print are required at application time. Those in normal print should be supplied at application or as soon as possible afterwards.

FOR ALL VARIETIES

• application form completed fully, signed and dated.

• application fee

• technical questionnaire.

• authorization of agent (if applicable).

• evidence of ownership (if applicable).

• certified correct copy of the overseas application for which priority is claimed,(if applicable).

INSTRUCTIONS

General Instructions

The application can only be accepted if completed, signed and accompanied by the correct application fee, the completed technical questionnaire and any other requiredattachment. Thechecklist above indicates theattachmentswhich are required at application.

Send the original of the application, the attachments and fee payment by: post to/self or courier to- The Registrar,

Intellectual Property Office BELMOPAN

Retain a copy for your own reference.

Any authorization of agent, evidence of assignment of ownership, etc., must

THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,

No. 1 Power Lane, Belmopan, by the authority of[ ]

the Government of Belize.

Protection of New Plant Varieties [CAP. 255 23

be the copy containing the original signature, or be an original legally certified true copy.

Specific Instructions

Part 1 -Where theapplication ismadebyanagent (includingalsoanapplication made by a joint owner acting for all owners) it must be accompanied by an authorization completed by the person(s) on whose behalf the agent is authorized to act. A model authorization is given in Form No. 2 of this Schedule.

Part 4- The denomination is the designation or name under which the grant of Plant Variety Rights will be registered. Where application is made in more thanonecountry thesamedenominationmustbeused. Applicants may defer proposing a denomination until after application but if so must give a breeder‘s reference or some sort of temporary designation. With some species it is common practice for the variety denomination to be in the form of a breeder‘s code name. The term commercial synonym is used to refer to the fancy name that may be added to such a denomination when the variety is marketed. For example, the rose variety with denomination ”Macauck‘ has the commercial synonym —Olympiad“.

Part 5 -Where the owner of the variety is other than the original breeder, i.e. the owner is the successor in title to the breeder, the application must beaccompaniedbydocumentaryevidencesufficient toestablishpresent ownership.

Part 6 -Indicate in chronological order all prior applications for protection (e.g. plant variety rights, plant variety protection certificate, plant patent) withoutexception, includingthosefiled incountrieswhicharenotParties to the International Convention for the Protection of New Varieties of Plants of 1978 as last revised. In the —Stage“ column indicate whether- pending, rejected, withdrawn, or rights granted.

THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,

No. 1 Power Lane, Belmopan, by the authority of[ ]

the Government of Belize.

CAP. 255] Protection of New Plant Varieties24

(Instructions on reverse side)

7. Priority is claimed in respect of the application filed in (country) _______________________________________________________________

on (date) _______________ under the denomination _________________

8. (answer both (a) and (b) (a) The variety œ

• has not been offered for sale or sold in BZ • was offered for sale or sold in BZ for the first

time in Country ___________________________ on (date) __________________________ under the denomination _______________

(b) The variety œ • has not been offered for sale or sold abroad. • was offered for sale or sold abroad for the

first time in œ (country) __________________________ on (date) __________________________ under the denomination ________________

9. Plant material. I/We declare that the material provided, or to be provided, in relation to this variety is, or will be, representative of the variety.

(Important: With certain kinds of plants a specified quantity of seed or colour photographs to be determined by the Registrar must be supplied at the time of application).

I/We apply for Plant Variety Rights.

I/We declare that, to the best of my/our knowledge, the information necessary

for the examination of the application, given in this form and in any attachments is complete and correct.

Signature(s): _______________________ Date: ____________________

THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,

No. 1 Power Lane, Belmopan, by the authority of[ ]

the Government of Belize.

Protection of New Plant Varieties [CAP. 255 25

Part 7 - Priority may be claimed in respect of an earlier application for plant variety protection that has been duly filed with the Authority of a Contracting Party. If there has been more than one such application, priority may be claimed only in respect of the first. A further proviso is that this overseas application should be claimed within a period of 12 months from the date of the filing of the earliest application, but the day of filing shall not be included in the said period. The advantage of claiming priority is that the date of application overseas becomes regarded in effect as the application date in BZ. This may give you precedence over competitors that you would not otherwise have enjoyed. If you do claim priority, you must supply to the Intellectual Property Office, within 3 months of the application date in BZ, a copy of the documents constituting the first application certified as being correct by the overseas authority.

(Section 14 (2) of the Act)

THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,

No. 1 Power Lane, Belmopan, by the authority of[ ]

the Government of Belize.

CAP. 255] Protection of New Plant Varieties26

FORM NO. 2 [Regulation 19 (1)]

AUTHORISATION OF AGENT

I/We hereby authorize …………………………........…………………… to sign any application, notice or other document given, delivered to or served upon the Registrar in accordance with the Protection of New Plant Varieties Act (Chapter 255 of the Substantive Laws of Belize, Revised Edition 2000) and the Protection of New Plant Varieties Regulations, 2001, and to make all attendances upon the Registrar relating to the plant variety(ies) with proposed denomination(s)* ………………………………………………………..

……………………………………………………………………………….

Signed: ……………............……………………………..

Date: …………………........…………………………….

Address: …………........………………………………...

………...………………………....……….......

*If a denomination has not yet been proposed, give the breeder‘s reference or temporary designation.

(Section 39(1) of the Act)

THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,

No. 1 Power Lane, Belmopan, by the authority of[ ]

the Government of Belize.

Protection of New Plant Varieties [CAP. 255 27

FORM NO. 3 [Regulation 19 (1)]

GRANT OF BREEDER‘S RIGHT

The Intellectual Property Office of Belize

WHEREAS an application has been presented to the Registrar of the Intellectual Property Office for the grant of a plant variety right for a novel, distinct, homogeneous and stable variety;

ANDWHEREAS it hasbeendetermined that the requirementof theProtection of New Plant Varieties Act, Chapter 255 of the Substantive Laws of Belize, Revised Edition 2000, have been complied with;

NOW THEREFORE this grant entitles the applicant, and any subsequent legal representatives of the applicant, to all the benefits of the Act and to the relevant period of protection stated in section 21 of the Protection of New Plant Varieties Act, Chapter 255 of the Substantive Laws of Belize, Revised Edition2000, subject to theconditionscontained in theActandanyadjudication of the Supreme Court affecting those rights.

In testimony whereof this document bears the seal of the Office affixed to it at Belmopan.

Granted this __________ day of ________________ in the year 20 ______.

Registrar Intellectual Property Office

THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,

No. 1 Power Lane, Belmopan, by the authority of[ ]

the Government of Belize.

_________________________________________________________

___________________________________________________________

__________________________________________________________

__________________________________________________________

CAP. 255] Protection of New Plant Varieties28

(Section 41 of the Act)

FORM NO. 4 [Regulation 19 (1)]

NOTICE OF OPPOSITION TO GRANT OF BREEDER‘S RIGHT

(To be submitted in duplicate)

IN THE MATTER OF an opposition by _________________________ __________________________ to application No. ________________ of _______________________________________________________

I/We 1 _____________________________________________________

hereby give notice of my/our opposition to the grant of the breeder‘s right advertised under the above number in the Journal of the _______________

_______________________________ day of ________________, 20 ______.

The grounds of opposition are as follows:

Address for service in Belize in these proceedings:

Dated the ____________________ day of _______________ , 20 _____

THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,

No. 1 Power Lane, Belmopan, by the authority of[ ]

the Government of Belize.

__________________________________________________________

___________________________________________________________

2

Protection of New Plant Varieties [CAP. 255 29

To the Registrar Intellectual Property Office BELIZE.

1. Here state full name and address of the person who opposes the application.

2. Signature.

THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,

No. 1 Power Lane, Belmopan, by the authority of[ ]

the Government of Belize.

CAP. 255] Protection of New Plant Varieties30

(Section 28 (3) of the Act)

Schedule III [Regulation 24 (1)]

QUANTITY OF REPRODUCTIVE MATERIAL TO ACCOMPANY APPLICATION

Item Kind of variety Quantity of reproductive material

1. Tree Suchquantityofreproductive material as is sufficient to produce 40 plants.

2. Vine Suchquantityofreproductive material as is sufficient to produce 40 plants.

3. Ediblefungus 1 gram (measured by dry weight) net of reproductive material.

4. Edible microscopic alga 1 gram (measured by dry weight) net of reproductive material.

5. Edible macroscopic alga 1 gram (measured by dry that is propagated by spore weight) net of spore.

6. Edible macroscopic alga 50 grams (measured by that is not propagated dry weight) net of by spore reproductive material.

THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,

No. 1 Power Lane, Belmopan, by the authority of[ ]

the Government of Belize.

Protection of New Plant Varieties [CAP. 255 31

7. Gramineae that is 500 grams of seed. propagated by seed

8. Gramineae that is not 2 kilograms of reproductive propagated by seed material.

9. Any kind of variety 500 grams of seed. that is propagated by seed and does not fallwithinanyitemin items 1 to 8

10. Any kind of variety Such quantity of reproductive that is not propagated material as is sufficient to by seed and does not produce 60 plants. fallwithinanyitemin items 1 to 8

THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,

No. 1 Power Lane, Belmopan, by the authority of[ ]

the Government of Belize.

CAP. 255] Protection of New Plant Varieties32

Schedule IV [Regulation 24 (2)]

(Section 20(1) of the Act)

STOCK OF REPRODUCTIVE MATERIAL REQUIRED TO BE MAINTAINED

Item Kind of variety Stock of reproductive material.

1. Any variety of tree Such stock of reproductive material as is sufficient to produce 100 plants.

2. Any variety of vine Such stock of reproductive material as is sufficient to produce 100 plants.

3. Any variety of edible fungus 2 grams (measured by dry weight) net of reproductive material.

4. Any variety of edible 2 grams (measured by dry microscopic alga weight) net of reproductive

material.

5. Any variety of edible 2 grams (measured by dry macroscopic alga that is weight) net of spore. propagated by spore

THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,

No. 1 Power Lane, Belmopan, by the authority of[ ]

the Government of Belize.

____________

Protection of New Plant Varieties [CAP. 255 33

6. Any variety of edible 100 grams (measured by dry macroscopic alga that weight) net of reproductive is not propagated by material. spore

7. Any variety of 1 kilogram of seed. Gramineae that is propagated by seed

8. Any variety of 4 kilograms of reproductive Gramineae that is not material. propagated by seed

9. Any variety that is propa- 1 kilogram of seed. gated by seed and does not fallwithinany item in items 1 to 8

10. Any variety that is not Such stock of reproductive propagated by seed material as is sufficient to and does not fall within produce 120 plants. any item in items 1 to 8

THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,

No. 1 Power Lane, Belmopan, by the authority of[ ]

the Government of Belize.


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