Plant Variety Rights Bill

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Hon Dr David Clark

Plant Variety Rights Bill

Government Bill

35—3

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

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