Protection of New Plant Varieties Regulations, 2001 (S.I. No. 133 of 2001)

Statutory Instruments Supplement No. 2 Supplement to Official Gazette No. 3 dated 7th January, 2002 S.I. 2001 No. 133 Protection of New Plant Varieties Act (Act 2001 - 17) PROTECTION OF NEW PLANT VARIETIES REGULATIONS, 2001 The Minister in exercise of the powers conferred on him by section 56 of the Protection of New Plant Varieties Act, makes the following Regulations: 1. These Regulations may be cited as the Protection of New Plant short title. Varieties Regulations, 2001. 2. In these Regulations: lnterpreta• tion. "fee" means the fee specified in the First Schedule; First Schedule. 11form11 means the form set out in the Second Schedule. second Schedule. 3. (1) The appointment of an agent under section 4 of the Act shall Agency. be made by an authorization of agent which shall be signed by the applicant or, ifthere is more than one, by each applicant. (2) The authorization of agent may be filed together with the application or within 2 months from its filing date and, if the appointment is not so made, or is not in accordance with section 4 of the Act and paragraph (I), any procedural steps taken by the agent, other than the filing of the application, shall be deemed not to have been taken. 2 STATUTORY INSTRUMENT Signatures 4. (1) A document purporting to be signed for or on behalf of a byrt h. partnership shall contain the names of all the partners in full and shall be pa ners 1ps, . companies signed and associations. ( a) by all the parties or by any partner qualified to sign, stating that he signs on behalf of the partnership, or (b) by any other person who satisfies the Director that he is authorized to sign the document. (2) A document purporting to be signed for or on behalf of a body corporate shall be signed by a director or by the Secretary or other principal officer of the body corporate or by any other person who satisfies the Director that he is authorized to sign the document. (3) A document purporting to be signed for or on behalf of a person or an association, may be signed by any person who satisfies the Director that he is duly authorized. Application 5. (1) An application for the grant ofa plant breeder's right must be for grant. in the Form 1 and shall be accompanied by the specified fee. Form l. Form 2. Variety denomina tion. Form 3. Withdrawal of applica• tion for grant. (2) A technical questionnaire filed pursuant to section22(2) of the Act must be in the Form 2. 6. A proposal fora variety denomination made pursuantto section 27 of the Act must be in the Fonn 3 and must be accompanied by the specified fee. 7. ( 1) The withdrawal of an application pursuant to the Act shall be addressed to the Director in writing and signed by each applicant or agent. (2) The application fee shall not be refunded if the application is withdrawn. STATUTORY INSTRUMENT 8. (1) Upon receipt, the Director shall mark on each document making up the application for grant of a plant breeder's right, the actual date of receipt, and the application number consisting of the letters BB, slant, the letters PBR, slant, the numbers of the year in which the initial papers were received, slant, and a five-digit number allotted in the sequential order in which applications are received, and where any corrections or other later filed documents are received on different dates, the Director shall also mark their actual date of receipt in the appropriate place on the application. (2) The application number allotted under paragraph ( 1) shall be quoted in all subsequent communications concerning the application. 9. Where an action is filed under section 46 of the Act, the person filing the action shall notify the Director in writing and upon the furnishing of proof to the satisfaction of the Director, the Director shall, immediately upon receipt thereof, defer any decision on the application until the Court has made a final order. 10. (1) A request for the registration of an assignment or transfer pursuant to section 13(3) of the Act must be in the Form 4, and shall be accompanied by an original or a certified copy of the document which establishes the assignment or transfer, together with the specified fee. (2) Where in the case of a request under paragraph (1), the successor in title does not claim under any document or instrument which is capable in itself of establishing the assignment or transfer, he shall, unless the Director otherwise directs, either upon or with the request, set outthe circumstances under which his claim to be the owner of the variety is based. (3) Where the Director so requires, the circumstances shall be verified by a statutory declaration in the Form 5. 11. (1) The annual fees payable under section 20 of the Act are set out in the Second Schedule. 3 Marking of application for grant. Notification of action for assignment or transfer. Request for registration of assignment or transfer. Form 4. Form 5. Annual fees. Second Schedule. 4 Surrender of plant breeder's right. Form 6. Cancellation of plant breeder's right. STATUTORY INSTRUMENT (2) Upon payment of the annual fee, the Director shall, within 2 weeks from the date payment is received, :furnish or send to the applicant or to the owner of the plant breeder's right, a receipt of payment. (3) The annual fee is not refundable. 12. A declaration by the holder of a plant breeder's right of the surrender of his right pursuant to section 34 of the Act must be in the Form 6. 13. Where the Director cancels a plant breeder's right under section 21 of the Act, he shall notify the holder of the plant breeder's right in writing of the cancellation. Cancellation 14. A request for the cancellation of a registered variety ofregi5tered denomination pursuant to section 30(1) of the Act shall be in the Form 7 variety denomina- and must be made in duplicate. tion. Form 7. Notification of non compliance. 15. (1) Where any of the requirements under section 31 ( 1) of the Act have not been complied with, the Director shall notify the applicant or his agent in writing of the non-compliance, specifying the actions to be taken to complete the application. (2) A notice under paragraph (1) shall be sent to the applicant, not later than one month from the date of the application or the date fixed for submission of the propagating material, as the case may be. (3) Where the applicant or his agent does not comply with the notification under paragraph (1 ), or where despite the corrections made by the applicant or his agent the Director is of the opinion that the require ments under section 31 (1) of the Act have still not been complied with, he shall reject the application pursuant to section 31(1) and notify the applicant or his agent in accordance with regulation 17. STATUTORY INSTRUMENT 5 16. The Director shall give the applicant or the holder of the plant Notification breeder's right, reasonable notice in writing of the due date for the payment in respect of of the fees referred to under section 32 of the Act. . fees. 17. (1) A rejection of any application orrequest under the Act shall Rejections. be in writing and shall specify the reasons therefor. (2) Where the Director rejects an application for non-compliance with section 3 3 (1 ), the rejection shall be accompanied by a copy ofany examination report upon which the rejection of the application was based. 18. A request for the registration of a licence-contract pursuant to Request for section 35(3) of the Act must be in the Form 8 and shall be regi stration . ofhcence accomparued by contract. Fom, 8. (a) an original or a certified copy of the licence-contract, including all amendments, annexes, riders and other supplements thereto or modifications thereof; and (b) the specified fee. 19. ( 1) A request for the cancellation of a registered licence of right cancellation pursuant to section 39(5) of the Act must be in the Form 9, and shall 0 1 fregi5iefred . 1cence o state the name of each beneficiary and whether or not they have agreed to right. the cancellation. Fon11 9. (2) A request under paragraph (1) must be accompanied by such evidence as the Director may require. 20. (1) Any person to whom a compulsory licence has been granted Re~uest .ror pursuant to section 40 of the Act may, in writing, notify the Directorof the :l~~:1~~~~ grant of a licence and request in the Form 8, the registration of such grant sory licence. in the register. Fon11 8. (2) A request made pursuant to paragraph (2) must be accompanied by an office copy of the order of the court and by the specified fee. 6 Register of plant breeders' rights. STATUTORY INSTRUMENT 21. Theregisterofplantbreeder's rights shall contain, in addition to the matters required under section 49 of the Act, the following information: (a) the names and addresses ofthe holders of plant breeders' rights; (b) the names and addresses of any agents of the holders of plant breeders' rights; (c) a description of the characteristics of the plant variety; ( d) if available, the reference number under which the plant variety is recorded in any register of varieties kept by a recognized professional association or in any reference collection of plant material accepted by the Director; (e) the date upon which such rights expired or were otherwise terminated or declared null and void, as the case may be. Requests for 22. Requests made pursuant to section 49(2) of the Act for copies of, copies or or for extracts from the information contained in the register, shall be made extracts from to the Director in writing, and shall be subjectto payment of the specified register. fee. Address for service. 23. ( 1) There shall be furnished to the Director (a) by every applicant for the grant of a plant breeder's right; (b) by every person concerned in any proceedings to which the Act or these Regulations relate, including the applicant for, or the o\:Vller of the plant breeder's right an address for service in Barbados, and the address so furnished, or where another address has been furnished in place thereof, that address, shall be treated for the purposes of the application or those proceedings, as the address of that applicant or, of that person as the case may be. (2) Where an attorney-at-law has been appointed, the address of the attorney-at-law shall, for all purposes connected with the Act and these Regulations, be treated as the address to which communications to the person who appointed the attorney-at-law shall be transmitted. STATUTORY INSTRUMENT 7 24. The time or periods prescribed by these Regulations for doing any act or talcing any proceedings thereunder, other than times or periods prescribed in regulation 15(2), may be extended by the Director ifhe thinks fit, upon such terms as he may direct, and such extensions may be granted although the time or period for doing such act or ta1cing such proceeding has already expired. Extension of time limits. 25. Any application, notice, request or other document required by these Regulations, may be corrected by the Registrar on his own initiative or upon receipt of a request in writing, and upon such terms as he may direct, if in the opinion of the Director, the correction would be without detriment to the interests of any other person. Amendment of docu ments and correction of the irregulari ties. 26. Where, under these Regulations, any person is required to do any Dispcnsa act or thing, or any document or evidence is required to be produced or tion by filed, and it is shown to the satisfaction of the Director that for any Director. reasonable cause, that person is unable to do that act or thing, or that that document or evidence cannot be produced or filed, the Director may, upon the production of such evidence and subject to such terms as he thinks fit, dispense with the doing of such act or thing, or the production or filing of such document or evidence. 27. The publication of any matter required to be published under the Publication. Act shall contain such details of the matter as the Director considers appropriate. 28. Where no provision is made in the Act or these Regulations in Adminisira respect of any matter arising in the administration of the Act, the Director ~~e . may give such directions in respect thereof as he considers necessary in ucctJons. the circumstances. 29. The Director may aclmowledge inquiries made to the Office, but need not furnish the applicant or any other person with information which would require a search of the public records of the Office, or provide advice on matters concerning the interpretation of the Act or Regulations, or concerning other questions oflaw. lnquiries at the Office. 30. The fees in the Second Schedule are payable in respect of the Fees. matters to which they relate. Second Schedule. 8 STATUTORY INSTRUMENT FIRST SCHEDUIB FORMS FORMl Application for Grant of a Plant Breeder's Right BARBADOS Protection of New Plant Varieties Act (Act 2001-17) (Regulation 2) (Regulation 5(1)) APPLICATION FOR GRANT OF APLANTBREEDER'S RIGHT (Note: Please consult the instructions before completing this form) To: TheDirector For Official Use Corporate Affairs and Intellectual Property Office BARBADOS Application No.: Date of Filing: Date of Filing of corrections or later documents: Application is hereby made for the grant of a plant breeder's right in respect of a new plant variety (details of which appear in this Form) in the name of the Applicant{s) who claim(s) to be the owner thereof The particulars required for the purposes of the Application are set out below. PARTICULARS 1. (a) Applicant(s) name(s) and address(es) (b) Nationality(ies) 2. (a) Address to which correspondence is to be sent: (b) Address II of the applicant I I of the agent/representative I I of one of the applicants I I for service STATUTORY INSTRUMENT FIRST SCHEDULE - Cont'd 3. Species and crop 4. ( a) Proposed denomination: ( in block' letters) (b) Breeder's reference: 5. ( a) The original breeder( s) is/are //the ( all) applicant( s) I I the following person(s) To the best ofmylour knowledge there is no other original breeder. (b) The variety was transferred to the applicant(s) by: I I contract I I succession I I other (specify) (c) The variety was bred in: 6. Further applications State(s) Filing Date (State(s)) Application No. Denomination or breeder's reference: Type of Protection Official variety list 7. Priority is claimed in respect of the application filed in (State) on (date) under the denomination Stage 9 JO STATUTORY INSTRUMENT FIRST SCHEDULE - Cont'd 8, The variety has been offered for sale / / not yet / / for the first time (date) or marketed in (State of application) under the denomination and in other States / I not yet I I for the first time in (State) under the denomination 9. (a) The technical examination of the w1riety / / has already been completed I I is in progress I I will be carried out in (State(s)) (b) I/We declare that the material provided with the first application is representative of the variety and relevant to this application. (c) I I Authorization is hereby given to the Intellectual Property Office to exchange with the competent authorities of such states provided for under the Act, all necessary information and material related to the variety, provided that the rights of the applicant(s) is/are safeguarded. Other forms and documents attached: Ill /2/ /3/ /4/ /5/ 10. An official copy of the submitted application showing the date of filing is requested as a certification of priority for an application in the following states: I/We hereby apply for the grant of a plant breeder's right and declare that to the best of my /our knowledge the information necessary for the examination of the application given in this Farm and in the annex( es) is complete and correct. Signature(s) ••••••••••••••••••••••••••••u•••••••••••• •• O • • •-->••••••••I I I I I Oloo IO• 110 I I• I, .. . , IO (Applicant/ Agentt) Date/place ■ OOHOOOpppooOl,IUlt ■ 0000fOO••H~•••••••• ••••••••••••••u••••••••••••••••••••••••••• (Applicant/ Agenttt) Date/place STATUTORY INSTRUMENT J:NSTRUCTIONS FormNo. I General This fonn must be accompanied by the specified fee 11 t State name (in block letters) under signature(s} and delete whichever is not applicable. it This Form must be signed by the applicant or by the agent where an authorization of agent exists. Please refer to section 22 and 24 of the Protection of New Plant Varieties Act, 2001 before completing this Form. Item l(a) State the full name and address (including the country/State) of the applicant whether an individual or a firm. Where there is more than one applicant, state the name and address of all of them. If the space under Item 2(a) is insufficient, state only the name(s) of the applicant(s). Add the address(es) on a separate page annexed to this Form·. Where the applicant wishes to have correspondence sent to his own address, the address must be sufficiently complete to ensure delivery by post. Telephone and fax numbers would be appreciated. Item l(b) Ifthe applicant is an individual, nationality shall be indicated by the name of the State of which the person is a national. If the applicant is a legal entity, indicate the name of the State under whose laws they have been constituted and the location of their registered office. Residence shall be indicated by the name of the State of which the person is a resident. Item2 This must be an address in Barbados and must be sufficiently complete to ensure delivery by post. Telephone and fax numbers would also be appreciated. If there is no address in Barbados an address for service must be given. Please refer to regulation 24 of the Protection of New Plant varieties Regulations, 2001. Where one joint applicant has been authorized to act or an agent or representative has been named, attach a power of attorney issued by the applicant(s) on whose behalf the joint applicant, agent or representative is authorized to act. Item3 The particulars stated must allow for the exact identification of the variety under both its botanical and technical aspects. The Latin name of the most suitable taxonomica 1 1init (genus, specie, subspecies) should be stated together with the common name. 12 STATUTORY INSTRUMENT Item4 The variety must be filed in each State of a Contracting Party under the same denomination. Accents may not be deleted from a variety denomination. Please state the breeder's reference, whether or not a proposal for a variety denomination (as in Form No. 3) has been filed together with this application. Item5(b) If the first box has been marked under Item 5 (a) enter nothing under this Item. Item6 Specify all prior applications without exception, in chronological order. In the column headed "Stage" use the following abbreviations A - application pending B - denomination rejected C - denomination withdrawn D - plant breeder's right granted or variety entered in official variety list. The term "type of protection" comprises special titles of protection, plants and industrial patents. "Official variety list" means any list of varieties whose marketing is authorized by the competent authorities. Item7 A right of priority may only be claimed within a period of 12 months from the date of filing of the earliest application duly filed for the same variety, either by the applicant himself or the predecessor in title, but the day of filing shall not be included in that period. Item8 "State of application" means the State in which the application was filed. Item "Other forms and documents attached" Mark a cross in the box if any of the following documents is attached to this application: /1/ Technical Questionnaire as in Form No. 2. /2/ Proposal for a Variety Denomination as in Form No. 3. /3/ Authorization of agent/representative. /4/ Under section 24 of the Act, if the priority of the first application is claimed, a certified copy of the documents which constitute that application must be forwarded to the Intellectual Property Office within 3 months of the date of filing this application. Mark a cross in box 4 if that copy is attached. The additional boxes marked with letters have been added to allow for the attachment of additional documents/infonnation. STATUTORY INSTRUMENT FIRST SCHEDULE - Cont'd FORM2 (Regulations 5(2)) Technical Questionnaire in respect of the Grant of a Plant Breeder's Right BARBADOS Protection ofN ew Plant Varieties Act (Act 2001 -17) TECHNICALQUESTIONNAIREINRESPECTOF THE GRANT OF APLANTBREEDER'SRIGHT (This form must be completed together with an application for the grant of a plant breeder's right) For Official Use 1. Species: Application No.: 2. Applicant(s) name(s) and address(es): 3. Proposed denomination or breeder's reference: Date ofFiling: 4. Information on origin, maintenance and reproduction of the variety: 5. Characteristics of the variety (the number in brackets refers to the corresponding characteristic in the Test guidelines). Please mark the state of expression which best corresponds. Characteristics Example Varieties 6. Similar varieties and differences from these varieties:· Denomination of similar variety Characteristic in which the similar variety is differentt State of expression of similar variety Note State of expression of candidate variety t In the case of identical states of expression of both varieties, please indicate the size of the difference. 13 14 STATUTORY INSTRUMENT FIRST SCHEDULE - Cont'd 7. Additional information which may help to distinguish the variety: 7.1 Resistance to pests and diseases (Please specify races/strains, if possible): 7.2 Special conditions for the examination of the variety: 7.3 Other information: STATUTORY INSTRUMENT INS1RUCTIONS FormNo.2 General Dates should be written in the year, month, date order (for example 99-01-10). Please consuJt section 20 of the Protection of New Plant Varieties Act, 2001 before filling in tlris Form. Item 1 The particulars stated must allow for the exact identification of the variety under both its botanical and technical aspects. The Latin name of the most suitable taxonomical unit (genus, specie, subspecies) should be stated together with the common name. Item2 If the address is the same as that used in the apiJlication for plant breeder's right (Form No. 1), addonlythename(s) oftheapplicant(s) under this Item. Item3 The variety must be. filed in each State of a Contracting Party under the same denomination. Accents may not be deleted from a variety denomination. Please state the breeder's reference. 15 16 STATUTORY INSTRUMENT FIRST SCHEDULE - Cont'd FORM3 Proposal for a Variety Denomination BARBADOS Protection of New Plant Varieties Act (Act 2001- 17) PROPOSALFORAVARIETYDENOMINATION (Note: Please consult the instructions before completing} 1. (a) This proposal refers to the variety filed under application number: (b) Initially proposed denomination or breeder's reference: 2. (a) Proposer(s) name(s) and address(es): (b) Address to which correspondence is to be sent (c) This is the address / / of the proposer / / of one of the proposers (Regulation 6) For Oflicial Use Application No.: Date of Receipt: If of the agent/representative (authorization of agent form attached / / for service 3. Species and crop: 4. Proposed denomination (in block letters): 5. Denomination submitted or registered in other States of a Contracting Party: State Stage Denomination (if different from Item 3 above) STATUTORY INSTRUMENT 17 6. I I The proposed denomination has been filed or registered for the proposer(s) as a trademark in the State of application, in a State of a Contracting Party or with the International Bureau of the World Intellectual Property Organization (WIPO) in respect of products that are identical or similar within the meaning of trademark law. State and/or Date of application WIPO Date of registration Registration number 7. Trademark renunciation in accordance with section 26 of the Patents Act, 2001. JJWe hereby propose the variety denomination and declare that to the best of my/ our knowledge the information given in this Form and in the annex( es) is complete and correct. Signature(s)t (Applicant/ Agent/Representativett) (Applicant/ Agent/Representativett) Date/place Date/place 18 STATUTORY INSTRUMENT INSTRUCTIONS FormNo.3 General Dates shou]d be written in the year, month, date order(for example 99-01-10). "State of application" means the State in which the application was filed. t State name (in block letters) under signature(s) and delete whichever is not applicable. tt This Form must be signed by the applicant or by the agent or representative where an authorization of agent exists. Please refer to section 27 of the Protection of New Plant Varieties Act, 2001 before completing this Form. Item I Vlhere this Form is filed simultaneously with the application for grant of a plant breeder's right (Form No. 1), nothing is to be entered under this Item. However, where this Form is filed at a later stage the number which the Intellectual Property Office has allotted for a plant breeder's right is to be stated under Item l(a). Item2 If the address(es) is/are the same as that used in the application for grant of a plant breeder's right, add only the name(s) of the proposer(s). Please refer to the Instructions for Form No. 1, Item 2. ltem3 The particulars stated under this Item must allow for the exact identification of the variety under both its botanical and technical aspects. The Latin name of the most suitable taxonomical unit (genus, specie, subspecies) should be stated together with the common name. Item4 The variety must be filed in each State of a Contracting Party under the same denomination. Accents may not be deleted from a variety denomination. Items Specify all prior variety denominations without exception in chronological order. The variety denominations used are to be stated at the end of the list. In the column headed "Stage" use the following abbreviations A - application pending B - denomination rejected C - denomination withdrawn D - denomination accepted STATUTORY INSTRUMENT FIRST SCHEDULE - Cont'd FORM4 (Regulation I 0(1 )) Request for Registration of an Assignment or Transfer BARBADOS Protection of New Plant Varieties Act (Act 2001 -17) REQUESTFORREGISTRATION OF AN ASSIGNMENT OR TRANSFER 19 (This form must be accompanied by an original or a certified copy of the deed of assignment or transfer or other document which establishes title or by a statement of claim to ownership of the variety and by the specified fee) REQUEST IS HEREBY MADE for the registration of the assignment or transfer of: I I grant of a plant breeder's right application numbert For Official Use I I plant breeder's right registration numbert File No.: Date ofFiling: 1. Name(s) and address(es) ofperson(s) making the request: 2. (a) The application/right was assigned/transferred by/to the person(s) making this request by: I I contract I I court I I succession I I other (b) State particulars of contract etc. 3. Name(s) and address(es) ofassignor(s): 4. Name(s) and address(es) ofassignee(s): 5. My/Our address for service in Barbados is: 20 STATUTORY INSTRUMENT FIRST SCHEDULE - Cont'd 6. Documents attached: I I Original or certified copy of deed of assignment or transfer. I I Original or certified copy of contract. I I Other document establishing title. I I Statement of claim to ownership of the variety. I I Form No. 5. I/We declare that to the best of my/our knowledge the information given in this Form and in the annex(es) is complete and correct. Signature(s) tt •••••••••n•••••••••••••••••••••••••••••••••• ················································· (place/date) ········••···································· d•••••••H••••••••>>L<Hooooooooo•, .. oo,,;,oo,o,,, (place/date) To: The Registrar Corporate Affairs & Intellectual Property Office General STATUTORY INSTRUMENT INSTRUCTIONS FormNo.4 21 t State the number which has been alloted to the application for the plant breeder's right or under which the plant breeder's right has been registered by the Intellectual Property Office. tt State name (in block letters) under signature(s). Dates should be written in the year, month, date order (for example 99-01- I 0). Both the person(s) making the request, as well as the assignor(s) or assignee(s) are required to sign this request. Where the Intellectual Property Office so requests, this Form must be followed by the filing of Form No. 5. Please refer to sections 8 to 10 and to section 13 of the Protection of New Plant Varieties Act, 2001 before filling in this Form. Item I State the name( s) and address( es) of the person( s) making the request who may either be the assignor( s )/transferor( s) of the plant breeder's right or its assignee( s )/transferee( s ). Item2 State by what means the application for the grant of a plant breeder's right was as signed or transferred and give particulars. Ifby the court, please state High Court action number and date of judgement. Item3 State the name(s) and address(es) of the assignor(s) or person(s) making the assignment or transfer, if different from Item 1. Item4 State the name( s) and address( es) of the assignee( s). or person( s) in whose favour the assignment or transfer was made, if different from Item 1. Item5 Please refer to regulation 24 of the Protection of New Plant Varieties Regulations, 2001. Item6 A successor in title must prove his title, whether it was obtained by assignment or succession. If it is proposed to attach a statement of claim, please consult regulation 10 (2) of the Protection of New Plant Varieties Regulations, 2001. 22 STATUTORY INSTRUMENT FIRST SCHEDULE - Cont'd FORMS Declaration BARBADOS Prntection of New Plant Varieties Act (Act 2001 - 17) DECLARATION (Regulation 10(3)) (J'his form must be accompanied by a statement of claim to ownership of the variety) For Official Use l/Wef of Date of Filing: do hereby solemnly and sincerely declare that the particulars set out in the Statement of Claim to Ownership of the Variety exhibited and marked and filed by me/us in connection with my/our request to be registered as the successor(s) in title or new owner(s) of application number for the grant of a plant breeder's right/plant breeder's right registration numberf are true and correct in every material fact and document affecting the present ownership of the above mentioned application/plant breeder's rightf·. And I/we make this solemn declaration conscientiously believing the same to be true and I am/we are aware that if there is any statement in this declaration which is false in fact which I/we know or believe to be false or do not believe to be true that I am/we are liable to a penalty. Declared at by the above named and the above named this day of To: The Registrar ,20 l l H ~ l Before met tt Corporate Affairs & Intellectual Property Office INSTRUCTIONS; t Delete whichever is not applicable. ti' This declaration may be made and, if made, must be signed by the person(s) making the request in Form No. 4. ti'i' If made in Barbados, this declaration must be made before a Judge, Notary Public, Justice of the Peace or other officer authorized in law to administer an oath, for the purpose oflegal proceedings. If made outside of Barbados it must be made before a Barbados Consul or Notary Public. STATUTORY INSTRUMENT FIRST SCHEDULE - Cont'd FORM6 Declaration of Surrender BARBADOS Protection of New Plant Varieties Act (Act 2001 - 17) DECLARATION OF SURRENDER 23 (Regulation 12) IN IBE MA TIER OF plant breeder's right registration number: For Official Use Date of Piling: 1. I/Wet of being the holder(s) of the above mentioned plant breeder's right hereby declare that I/We surrender all interest in said plant breeder's right. 2. The date of termination of my/our interest is: 3. The date of expiration of the above mentioned plant breeder's right is: 4. Is the plant breeder's right held jointly? If so, please state the name( s) and address( es) of the other holder(s) of the right: I/We declare that to the best of my/our knowledge the information given in this form is complete and correct. Signature(s) ttt ............ ~ ............................... ........... ,., ................................. (place/date) •I••••• I• I•••••••••••• ■■ ••••••••••••• I I,-,,, ...................................... ,u,,,., (place/date) To: The Registrar Corporate Affairs & Intellectual Property Office 24 STATUTORY INSTRUMENT INSlRUCTIONS FormNo.6 General t Delete whichever is not applicable. tt State the number under which the plant breeder's right has been registered by the Intellectual Property Office. ttt State name (in block letters) under signature(s). Date(s) should be written in the year, month, date order(for example 99-01-10). Item 1 State the name(s) and address(es) of the person(s) making this declaration. Such person(s) may be one or more of the holders of the plant breeder's right. Item2 If the renunciation is to take effect from or on a specific date, please state date, other wise, in accordance with section 34( 1) of the Protection of New Plant Varieties Act, 2001, the date of termination shall be the date ofreceipt of this Form by the Intellectual Property Office. Item3 The date of expiration of the plant breeder's right shall be stated under this Item. STATUTORY INSTRUMENT FIRST SCHEDULE - Cont'd Form7 25 (Regulation 14) Request for Cancellation of Registered Variety Denomination BARBADOS Protection of New Plant Varieties Act (Act 2001 - 17) REQUEST FOR CANCELLATION OF REGISTERED V ARIETYDENOMINA 'flON (This Form must be made in duplicate) For Official Use REQUEST IS HEREBY MADE that the variety denomination registered as numbert be cancelled. File No.: t. Name{s) and address( es) of person(s) making the request: Date of Receipt: 2. Nature of the right(s)/interest(s) of person(s) making the request: I ( entitled to offer for sale or market the variety I I ho!der(s) of plant breeder's right I I other (please specif)") 3. (a) The grounds for the request are as follows: (b) I I A written statement of the grounds for my/our request is attached. {c) I I Evidence in suooort of the grounds for this reaucst is attached. 4. Name(s) and address( es) ofowner(s) of variety: I/We declare that to the best of my/our knowledge the information given in this Form is complete and correct. Signature( s )tt ...................................... ······· .. ··--cpiaceiaaref· .... • ······································ ... · ... · · · · · · ci:,iaceiciaiej ... · ... · To: The Registrar Corporate Affairs & Intellectual Property Office 26 STATUTORY INSTRUMENT INSTRUCTIONS Form No. 7 General t State the number under which the plant breeder's right has been registered by the Intellectual Property Office. tt State name (in block letters) under signature(s). Dates should be written in the year, month, date order (for example 99-01-10). Item 1 State the name(s) and address(es) of the person(s) making the request. Item2 The nature of the right(s) or interest(s) of the person(s) making this request should be stated. If the person making the request is not the holder of the registered right, please state whether the right holder has agreed to the cancellation of the right or has participated in cancellation proceedings. Item3 Details of the ground(s) relied on for making this request should be stated. Alternatively, if a statement or evidence of the grounds is attached, please state. Please refer to section 30 of the Protection of New Plant Varieties Act, 2001. Item4 The name(s) and address(es) of the owner(s) of the variety should be stated, if different from Item 1. STATUTORY INSTRUMENT FIRST SCHEDULE - Cont'd FORM 8 27 (Regulations 18 and 20) Request for the Registration of a Licence-Contract or Compulsory Licence BARBADOS Protection of New Plant Varieties Act (Act 2001 - 17) REQUEST FOR THE REGISTRATION OF A LICENCE-CONTRACT OR COMPULSORY LICENCE REQUEST IS HEREBY MADE for the registration of a For Official Use I I Licence-Contract I I Compulsory Licence, the particulars of which are as follows: Date of Receipt: 1. Name(s) and address(es) of person(s) making the request 2. Applicant(s)/Rightholder(s) name(s) and address(es): 3. Number of / / application for the grant of a plant breeder's right II registered plant breeder's right 4. Document(s) attached: /I original or certified copy of licence-contract II office copy of the Order of the Court ! I other documents relating to the licence VWe declare that to the best of my/our knowledge the information given in this Form and in the annex(es) is complete and correct. Signaturc(s)tt ···························--·········· · · · · ·· · · · ·criacei<l'aie y- ·· · · ···································-··· ··········&iacei<l~ie>······ ·· ·· · · · Appi1caiiimc,icie"i' .. ··········criaceiciai'eY ..... ....... Aii.ri'icanUH~ider··· · ·· ·· ·· ···&iaceidit.e) ··· · · To: The Registrar Corporate Affairs & Intellectual Property Office 28 STATUTORY iNSTRUMENT INS1RUCTIONS FormNo.8 General This Form must be accompanied by the specified fee. t State name (in block letters) under signature(s). This request must be signed both by the person(s) making the request and the applicant(s) orholder(s) of the plant breeder's right. This Form may be used to request registration of any of the types of licences mentioned in this Form. For the particular legal provisions relevant to each type oflicence, please consult Part VI of the Protection of New Plant Varieties Act, 2001, particularly sections 35 to 38 and section 40 of the Act. Dates should be written in the year, month, date order (for example 99-01-10). Item 1 State the name(s) and address(es) of the person(s) making the request. Item2 Delete whichever is not applicable. Where the request is made of an application for a plant breeder's right, state the name(s) and address(es) of the applicant(s). Where the request is made in respect of a plant breeder's right, state the name(s) and address(es) of the holder(s) of the right. Item3 State either the number which has been allotted to the application for plant breeder's right or the number under which the plant breeder's right has been registered by the Intellectual Property Office. Item4 If the request is in respect of a licence-contract, the Form should be accompanied by an original or certified copy of the licence-contract together with all relevant annexes. If the request is in respect of a compulsory licence, the Form should be accompanied by an office copy of the order of the court. The specified fee is payable in respect of both requests. STATUTORY INSTRUMENT FIRST SCHEDULE - Concl'd FORM9 29 (Regulation 19(1)) Request for Cancellation of Registered Licence of Right BARBADOS Protection of New Plant Varieties Act (Act 2001 - 17) REQUESTFORCANCELLATIONOFREGISTEREDLICENCEOFRIGHT REQUEST IS HEREBY MADE that entry numbert in the register be cancelled. 1. Name(s) and address(es) ofperson(s) making the request: 2. Number of / / registered plant breeder's right I I application for plant breeder's right 3. ( a) The grounds for the request are as follows: For Official Use File No.: Date of Receipt: (b) I I A written statement of the grounds for my/our request is attached (c) I I Evidence in support of the grounds for the request is attached 4. Name(s) and address(es) ofbeneficiary(ies) and whether or not they have agreed to the cancellation of the entry. I I Evidence of agreement is attached I/We declare that to the best of my/our knowledge the information given in this Form and in the annex(es) is complete and correct. Signatu.re(s)tt (Place/date) (Place/date) To: The Registrar Corporate Affairs & Intellectual Property Office 30 STATUTORY INSTRUMENT INS1RUCTIONS FormNo.9 General This Form must be accompanied by the specified fee. t State the number of the entry in the register of plant breeder's right which is to be cancelled. tt State name (in block letters) under signature(s). Dates should be written in the year, month, date order (for example 99-01-10). Please refer to section 39 of the Protection of New Plant Varieties Act, 2001 and regulation 19 of the Protection of New Plant Varieties Regulations, 2001 before completing this Form. Item 1 State the name(s) and address(es) of the person(s) making this request. Where the request is made in respect ofan application for a plant breeder's right, state the name(s) and address(es) of the applicant(s). Where the request is made in respect of a plant breeder's right, state the name(s) and address(es) of the holder(s) of the right. Item2 State the number which has been allotted to the application for the plant breeder's right or under which the plant breeder's right has been registered by the Intellectual Property Office. Item3 Details of the ground(s) relied on for making this request should be stated. Alternatively, if a statement or evidence of the grounds is attached, please state. Item4 If the person making the request is not the holder of the plant breeder's right, please signify the name(s) and address(es) of each beneficiary and whether or not they have agreed to this request. The Director may request evidence of agreement. If so, please state whether such evidence is attached. STATUTORY INSTRUMENT 31 SECOND SCHEDULE (Regulations 2 and 30) FEES (Regulations 2 and 30) Matter Amount of Fee $ 1. Filing of application for grant of plant breeder's right 1,000,00 2. Filing of proposal for a Variety Denomination 150.00 3. Filing of request for registration of assignment or transfer 150.00 4. Filing of Declaration of Surrender .. ., 150.00 5. Renewal of protection 1st year .. .. No fee 2nd year - 5th year .. .. 150.00 per year 6th year - 10th year .. , . 500.00 per year 11th year - 25th year .. .. 1,000.00 per year 6. Testing for distinctiveness, conformity and stability 500.00 plus the Amount payable to The Testing Authority 7. Filing of request for cancellation of registered variety denomination .. .. .. 150.00 8. Registration of a licence-contract and grant of a compulsory licence .. .. .. 150.00 9. Examination of register .. .. 40.00 IO.Provision of certified copies/extracts from register 5.00 per page plus 50.00 certification 1 L Filing of request for cancellation of Registered Licence of Right .. .. .. 150.00 Made by the Minister this 22nd day of November, 2001. REGINALD FARLEY Minister responsible for the Protection of New Plant Varieties.