Plant Variety Rights Bill

  • enacted

Hon Dr David Clark

Plant Variety Rights Bill

Government Bill



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

The Parliament of New Zealand enacts as follows: