Plant Variety Rights Act 2022

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment

Version as at 24 January 2023

Coat of Arms of New Zealand

Plant Variety Rights Act 2022

Public Act
 
2022 No 61
Date of assent
 
18 November 2022
Commencement
 
see section 2
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

1Title
2Commencement
3Purposes
4Principles of Treaty of Waitangi
5Outline of regulatory scheme
6Interpretation
7Meaning of plant and plant varieties
8Essentially derived varieties
9Dependent varieties
10Breeding a plant variety
11Who is the breeder
12Propagation and propagating material
13Transitional, savings, and related provisions
14Act binds the Crown
15PVR is exclusive right to exploit protected variety
16Exception to PVR: farm-saved seed
17Exception to PVR: private, experimental, and breeding purposes
18Exhaustion of PVR: material lawfully sold or marketed
19Duration of PVR
20PVR is personal property
21Status of plant variety rights granted under 1987 Act
22Infringement of PVR
23What does not constitute infringement
24Limitation of damages
25PVR holder’s authorisation
26Notice of protection
27Restrictions during and following expiry of PVR
28Commencement of infringement proceedings
29Types of relief available for infringement
30Grant of PVR
31Grant of PVR where there are 2 or more breeders
32Criteria for granting PVR
33Meaning of novel
34Meaning of distinct
35Meaning of uniform
36Meaning of stable
37Criteria for plant variety denomination
38Application for PVR
39Additional requirements for applications where kaitiaki relationship asserted
40Variation of PVR application to alter denomination sought
41Withdrawal of PVR application
42Application date
43Priority date
44Priority arising from overseas application
45Priority of PVR applications
46Cancellation of PVR because of earlier overseas applications
47PVR application to be notified and made publicly available
48Propagating material and information
49Growing trials
50Fees
51Opposition to grant of PVR
52Consideration of application and notices of opposition
53Alternative denomination if criteria for denominations not met
54Overview of Part 5
55Application of this Part
56Interpretation of this Part
57Appointment and membership of Māori Plant Varieties Committee
58Functions of Māori Plant Varieties Committee
59Advice given under section 58(c) and (d)
60Remuneration of Māori Plant Varieties Committee
61Commissioner must refer applications to Māori Plant Varieties Committee
62Māori Plant Varieties Committee’s role
63Assessment where kaitiaki relationship asserted
64Process to be adopted by Māori Plant Varieties Committee
65Decision-making by Māori Plant Varieties Committee
66Factors to be considered when deciding condition to mitigate adverse effects on kaitiaki relationship
67Decision by Māori Plant Varieties Committee that PVR application should proceed or be declined
68Request for reconsideration of Māori Plant Varieties Committee’s decisions
69Powers to require nullification or cancellation of PVR to which this Part applies
70Frivolous, vexatious, or repetitious applications
71Māori Appellate Court
72Decision stayed pending determination of appeal
73Decision on appeal
74Jurisdiction of Māori Appellate Court
75Commissioner may request propagating material or information
76Persons claiming under assignment or agreement or by operation of law
77Death of applicant
78Application for registration of assignments, and certain other interests in PVRs
79Registration of assignments, and certain other interests in PVRs
80Commissioner may vest PVR or PVR application without probate or letters of administration
81How PVR may cease to be in force before expiry date
82Grounds for cancellation or nullification
83Effect of cancellation
84Effect of nullification
85Cancellation or nullification by Commissioner on own initiative
86Cancellation or nullification by Commissioner on application
87Application to Commissioner to cancel or nullify PVR
88Frivolous, vexatious, or repetitious applications
89Consideration of application
90Cancellation or nullification by court
91Surrender of PVR
92PVR holder must pay PVR renewal fee
93Restoration of lapsed PVR application
94Application for restoration of lapsed PVR application
95No prima facie case made out
96Consideration of application
97Opposition
98Consideration of application and notices of opposition
99Conditions of restoration
100Restoration of cancelled PVR
101Application for restoration of cancelled PVR
102No prima facie case made out
103Consideration of application
104Opposition
105Consideration of application and notices of opposition
106Conditions of restoration
107Effect of compulsory licence
108Grant of compulsory licence
109Criteria for granting compulsory licence
110Royalty payable by licensee
111Application for compulsory licence
112Application to be notified and made publicly available
113Commissioner’s powers to obtain information
114Content of compulsory licence
115Amendment or revocation of compulsory licence
116Grounds for Commissioner to amend or revoke
117Amendment or revocation by Commissioner on application
118Application to Commissioner to amend or revoke compulsory licence
119Consideration of application
120Commissioner and Assistant Commissioners
121Functions
122Delegation by Commissioner
123Liability of Commissioner and others
124Hearing before exercise of Commissioner’s discretion
125How to give evidence to Commissioner in proceedings
126Commissioner may receive evidence on oath
127Issuing of summons by Commissioner
128Requirements for summons
129Witnesses’ fees, allowances, and expenses
130Offence of failing to comply with summons
131Appeal to High Court
132Decision stayed pending determination of appeal
133Appeals against decisions of High Court on appeal
134Register
135Form of register
136Contents of PVR register
137Search of PVR register
138Requests for PVR information and certified copies
139Changes to PVR register
140Commissioner may correct own mistakes in PVR register, etc
141Commissioner may correct other persons’ mistakes in PVR register, etc
142Commissioner may alter certain inconsistent information
143Court may correct PVR register
144Evidence: PVR register and PVRs
145Evidence: anything done by Commissioner
146Obligation of confidentiality on applicant, iwi, and hapū, etc
147Breach of confidentiality proceedings
148Types of relief available for breach of confidentiality
149Fees and other money
150Payment and application of fees and other money paid under this Act
151Commissioner must publish journal
152Electronic filing and service, etc
153Service of notices (other than those given to or by Commissioner)
154Meaning of publicly notify
155Meaning of make publicly available
156Regulations
157Declaration of entity to be UPOV party
158Repeals and revocations
159Consequential amendments to other Acts
Notes

The Parliament of New Zealand enacts as follows: