New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) The Commissioner may cancel a grant before the end of its term if so requested in writing by the grantee.
(2) Subject to subsection (3), the Commissioner shall cancel a grant at any time during its term if satisfied—
(a) that any information supplied in the application concerned or in relation to that application was incorrect and that if the correct information had been known before that grant was made, the Commissioner would have declined to make that grant; or
(b) that the variety concerned was not, at the time of the application concerned, new and distinct within the meaning of section 10; or
(c) that that variety is not stable and homogeneous within the meaning of section 10; or
(d) that the grantee was not, at the time that grant was made, an owner of that variety; or
(e) that the grantee of that variety, after being requested by the Commissioner to provide the Commissioner (within a period specified by the Commissioner) with reproductive material capable of producing that variety with its characteristics as described when the grant was made, has failed to do so; or
(f) that that grantee, after being requested by the Commissioner to allow the Commissioner (within a period specified by the Commissioner) to inspect the measures taken for the maintenance of that variety, or to provide documents or information in relation to that variety, has failed to do so; or
(g) that any annual grant fee in relation to the grant has not been paid within the prescribed period; or
(h) [Repealed]
(3) Before cancelling a grant under subsection (2), the Commissioner shall give the grantee written notice of intention to do so and, unless that grantee shows sufficient cause within 28 days of the date of the notice why that grant should not be cancelled, shall cancel that grant on the expiration of that period.
(4) Where—
(a) the Commissioner has cancelled a grant under subsection (2)(d); and
(b) any application (other than the application in respect of which that grant was made) has at any time (whether before or after the making of that grant) been made in respect of the variety concerned,—
the Commissioner shall deal with all applications in respect of that variety as if that grant had never been made.
Compare: 1973 No 37 ss 13A(8), 20, 24
Section 16(2)(h): repealed, on 2 September 1996, by section 4 of the Plant Variety Rights Amendment Act 1996 (1996 No 141).
