Protection of New Plant Varieties Regulations (S.I. No. 116 of 2001)

Protection of New Plant Varieties [CAP. 255 CHAPTER255 PROTECTION OF NEW PLANT VARIETIES REGULATIONS ARRANGEMENT OF REGULATIONS 1. Short title. 2. Interpretation. 3. Informing applicant of ground for rejection. 4. Register of Plant Breeder's Rights. 5. Copies and extracts from Register. 6. Certain information to be published in the Journal 7. Extension of time limit. 8. Service of documents. 9. Translation of documents. 10. Awarding of costs and requiring security. 11. Opposition to grant. 12. Fees set out. 13. Currency. THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. I Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003 6 CAP. 255] Protection of New Plant Varieties 14. Excess fee. 15. Fee refund. 16. Refund of advance fee. u. Payment of fees. 18. Cheques. 19. Form required. 20. Replacing documents. 21. Paper requirements. 22. Numbered consecutively. 23. Language of documents. 24. Propagating material. 25. Commencement. SCHEDULE I SCHEDULE 11 SCHEDULE III SCHEDULE IV THE SUBSIDIARY LAWS OF BELIZE [ Printed b.y the Governm.ent Printer,] No. I Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003 1. 2. Protection of New Plant Varieties [CAP. 255 CHAPTER255 PROTECTION OF NEW PLANT VARIETIES REGULATIONS (Section )3) [25th August, 2001.] These Regulations may be cited as the PROTECTION OF NEW PLANT VARIETIES REGULATIONS. In these Regulations, unless the context otherwise requires "Court" means the Supreme Court of Judicature established under the Supreme 7 116 of 2001. Ch. 2:'i:'i. Short title. Interpretation. Court of Judicature Act; CAP. 91. "Journal" means the Journal of lntellectual Property referred to in section:, ( d) of the Patents Act; CAP. 253. "Office" means the Office of Companies, Corporate Affairs and Intellectual Property established under section 3 of the Patents Act; CAP. 253. "Kegister" means the Kegister of Plant Breeder's Kights referred to in section 3 (2) of the Act; "Registrar" means the Registrar of Companies, Corporate Affairs and Intellectual Property; ··relevant variety" means the variety which is the subject of the application (in relation to an application for a grant of plant variety rights under the Act). THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. I Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003 lnfonning applicant of ground for rejection. 8 Register of Plant Breeder's Rights. CAP. 255] Protection of New Plant Varieties 3. If the Registrar does not approve a variety denomination pursuant to section 32 (3), the Registrar shall inform the applicant of the ground for not approving the variety denomination and require him to propose within one month another denomination for the variety. 4. ( 1) The Registrar shall maintain the Register of Plant Breeder's Kights referred to in section 3 (2) of the Act in such form as the Registrar considers appropriate. (2) The Registrar shall, in relation to an application for a grant, enter in the Register the following particulars ( a) the name of the species of the relevant variety; (b) the proposed denomination of the relevant variety or the applicant's reterence for 1dentlfymg the relevant variety; (c) the application number assigned by the Registrar to the application; (d) the date on which the provisional protection took effect under section 40 of the Act; ( e) the name and address of the applicant and if the applicant is not the person who bred or discovered or developed the relevant variety, the name and address of such person; (f) the Registrar's decision of making or declining to make the grant applied for, as and when such decision is made, and the date of such decision; and THE SUBSIDIARY LAWS OF BELIZE [ Printed b.y the Governm.ent Printer,] No. I Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. Protection of New Plant Varieties [CAP. 255 ( g) such other particulars as the Registrar considers to be important or useful. (3) The Kegistrar shall, in relation to a grant, enter in the Kegister the following particulars (a) the grantee's name and address; (b) the date of the grant; (c) the duration of the grant; ( d) the denomination approved by the Registrar for the protected variety; (e) the reference number under which the description of the protected variety's distinctive features are filed in the Registrar's file record kept under sub regulation C !); (f) details of any cancellation of the grant; ( g) where the Registrar is satisfied that any person other than the original grantee has become entitled to the grant or to a share in the rights of the grant, details of the entitlement; ( h) where the grant was made pursuant to a priority accorded under section 29 of the Act, details of the equivalent application concerned; and (i) such other particulars as the Registrar considers to be important and useful. 9 THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. I Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. 10 CAP. 255] Protection of New Plant Varieties Copies and extracts from Register. ( 4) A grantee who has changed his name or address shall apply to the Registrar in writing for amendment of the Register accordingly, and shall, if required, furnish the Registrar with documentary evidence in support of the change in name or address. ( 5) On the application of a person for the rectification of an error or omission in the Register, the Registrar may, if he opines that the rectification may affect the interest of any person ( other than the person making the application for rectification), publish details of it in the Journal before making a decision. ( 6) Any document delivered to, served on or given to the Registrar in connection with any application may be amended with the consent of the Registrar after application in writing made to him by the person by whom or on whose behalf the document has been delivered, served or given. (7) The Registrar shall keep a file record of the description of the distinctive features of the protected varieties and shall hold the san1e available for public inspection at his Office during such hours of business as he may specify. 5. ( 1) Any person who applies for a certified copy or an uncertified copy ( as the case may be) of any entry in the Register or a certified extract or an uncertified extract ( as the case may be) from the Register shall be entitled to obtain such a copy or extract on payment of the prescribed foes. (2) In this regulation "certified copy" means a copy certified by the Registrar and sealed with the seal of the Registrar; "certified extract" means an extract certified by the Registrar and sealed with the seal of the Registrar. THE SUBSIDIARY LAWS OF BELIZE [ Printed b.y the Governm.ent Printer,] No. I Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. Protection of New Plant Varieties [CAP. 255 6. ( 1) As soon as practicable after the Registrar has decided to make or decline to make a grant, the Registrar shall advertise his decision in the Journal. (2) As soon as may be after 1st January of every year, theKegistrar shall prepare and publish in the Journal a list of the relevant varieties and the protected varieties that have been entered in the Register in the preceding year under regulation 4 (2) and (3) and are still in force as at that date. 7. ( 1) Where any document or thing is to be delivered, served or given or any act is to be done within a time limit specified by the Registrar, or prescribed by or required under these Regulations, such time limit may, upon application in writing made to the Registrar by the person required to deliver, serve or give the document or thing or do the act, be extended by the Registrar for such period and upon such terms, if any, as he thinks fit if in all the circumstances of the case he considers it reasonable to do so. (2) The Registrar shall give to a person making an application in accordance with sub-regulation (1 ), notice of his decision to extend orto refuse to extend the time limit in question. II Certain information to be published in the .lo11rm11. Extension of time limit. 8. (1) An applicant or grantee shall file with the Registrar an address Service of for service within Belize. documents. (2) An applicant or grantee may at any time change his address for service by notice in writing to the Kegistrar. (3) Any document or thing required or authorized by these Regulations to be delivered to, served on or given to any person other than the Registrar may be delivered, served or given by being delivered to him personally, left for him at his address for service or sent to him there by post. ( 4) Any document or thing required or authorized by these Regulations to be delivered to, served on or given to the Registrar may be delivered, served or given by being left for the Registrar, or sent to the Registrar THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. I Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003 12 CAP. 255] Protection of New Plant Varieties Translation of documents. by post, at his Office or at such other place as the Registrar may have required in writing. ( 5) Any document or thing sent by post in accordance with sub regulation (3) or (4) shall be deemed to have been received at the time when the letter, properly addressed and postage prepaid, containing it would be delivered in the ordinary course of post. 9. ( 1) Where any document submitted to the Registrar pursuant to the Act or these Regulations is in a language other than the English language, it shall, unless the Registrar otherwise directs, be accompanied by a complete and adequate translation into the English language. (2) A translation of any document submitted to the Registrar shall be made by a qualified person and shall be certified by such person to be a full and correct translation of the document. (3) A person making the translation is a qualified person if he is certified by the appropriate person mentioned in paragraphs (a) and (b) to be believed by such appropriate person to be competent to translate the document into the English language, that is to say ( a) if the translation is made outside Belize; (i) a notary public in the place where the translation is made; or (ii) such other person as may be specified by the Registrar; ( b) if the translation is made in Belize (i) a notary public in Belize; THE SUBSIDIARY LAWS OF BELIZE [ Printed b.y the Governm.ent Printer,] No. I Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. Protection of New Plant Varieties [CAP. 255 (ii) an attorney-at-law practicing in Belize in accordance with the relevant law; or (iii) such other person as may be specified by the Registrar. ( 4) The Registrar may in any particular case, if he thinks fit to do so and upon such conditions as he thinks fit, permit translations to be submitted to him though not certified in accordance with the above requirements. 10. (1) The Registrar or the Court may ( a) award any party such costs as he or it considers reasonable; and (b) direct how and by what parties they are to be paid. (2) An order of the Registrar made pursuant to sub-regulation (1) may be enforced in the same way as an order of the Court. (3) The Registrar may, in appropriate cases, require a party to proceedings before him to give security for costs, and the consequences if such security is not given may be stated in Regulations made under this Act. (4) tor the purposes of this regulation, the word '"costs" includes ( a) remuneration by way of allowances, for the services of an expert witness; and (b) payment of travelling allowances of an expert witness, in respect of time spent travelling in connection with undertaking such services, in relation to proceedings before the Registrar or before the 13 A warding costs and requiring security. THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. I Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. 14 CAP. 255] Protection of New Plant Varieties Opposition to gram. Court. 11. ( 1) If an opposition is filed under section 41 of the Act, the person tiling the opposition shall upon the Registrar's request furnish the Registrar within 1 month after being requested by the Registrar with ( a) a statement of the grounds upon which the person opposing the grant files his objection; (b) particulars of any evidence by way of a statutory declaration in support of the opposition; and (c) any other information that the Registrar thinks relevant and requests from the person filing the opposition. (2) If the person filing the opposition fails to comply with sub regulation ( 1 ), he shall, unless the Registrar otherwise directs, be deemed to have abandoned his opposition. (3) The Registrar shall within 14 days ofbeing furnished with the matters referred to in sub-regulation (1) ( a) send to the applicant concerned a copy of such matters; and (b) send to the applicant concerned and the person tihng the opposition notice of a date and time when he will hear argument in the case, which date shall, 1mless the applicant concerned and the person filing the opposition consent to shorter notice, be at least 14 days after the date of the notice. THE SUBSIDIARY LAWS OF BELIZE [ Printed b.y the Governm.ent Printer,] No. I Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. Protection of New Plant Varieties [CAP. 255 ( 4) If the applicant concerned or the person filing the opposition fails to appear before the Registrar on the date and at the time for hearing the argument referred to in sub-regulation (3) (b), the Registrar may ( a) if he is satisfied that the failure to appear is due to reasonable cause, adjourn the hearing of the argument to a date and time that he thinks fit; or (b) proceed to hear argument from the party appearing before him and make a decision without hearing argument from the party who fails to appear. 15 12. The fees to be paid under the Act and these Regulations are those fixed Fees set out. in Schedule I. 13. Payments shall be made in Belizean currency, but the equivalent amount Cumncy. in a foreign currency that is convertible in Belize may be accepted. 14. When a fee paid by a person to the Registrar for any purpose exceeds Excess fee. the fee fixed by these Regulations for that purpose by more than $10, the person who paid the fee is entitled to be refunded the amount of excess less $10. 15. When a fee is paid to the Registrar by any person by mistake, for an Fee refund. application that is withdrawn before it is given an application number, or for a service that cannot be provided, the person who paid the fee is entitled to a refimd of the fee less $25, ifhe claims the refimd within one year of the payment of the fee. 16. When a person pays a fee in advance for the grant of a variety right, Refund of renewal of a variety right or for any other purpose, he is entitled to a refund of advance fee. that fee, less $1'.), if he decides not to proceed with the application for the variety right, renewal or other matter to the stage where the fee would be required. THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. I Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003 16 CAP. 255] Protection of New Plant Varieties Payments offees. 17. (1) Fees that are paid by cheque, bank draft or money order shall Cheques. Form required. Replacing documents Schedule II. Schedule II. Paper reqmrements. be forwarded to the Registrar and made payable to him. (2) Fees may be paid by cash at the Ottice. 18. A payment of a fee by cheque may be accepted by the Registrar as being a payment of the tee when the cheque is received by him, but if the cheque is not paid when presented to the bank on which it is drawn and not made good within such time as the Registrar may fix, the acceptance of the fee is revoked and anything done pursuant to the payment is void and, if appropriate, shall be so recorded in the Register. 19. ( 1) In submitting a docU111ent to the Office for any purpose, the person submitting the docU111ent must use the form set out in Schedule II that is appropriate for the purpose, but the form may be modified in such manner as 1s necessary m the c1rcumstances. (2) In submitting a docU111ent to the Office, one copy only of the document need be submitted. 20. If a document that is submitted to the Office differs significantly from the form in Schedule II intended to be used for the purpose of the submission, the Registrar may require that the document be replaced, within a time fixed by the Registrar, by one that conforms to the document required by Schedule 11 to be used for the purpose. 21. ( 1) All applications, notices, statements, technical questionnaires, or other documents authonzed or reqmred by the Act or these Regulations to be made, left with or sent to the Registrar must be on strong, durable white paper and, except in the case of statutory documents and affidavits, must be written on one side of the paper only. (2) Each sheet of paper must have its short sides at the top and bottom of the sheet. THE SUBSIDIARY LAWS OF BELIZE [ Printed b.y the Governm.ent Printer,] No. I Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. Protection of New Plant Varieties [CAP. 255 (3) Each sheet of paper must be of the same size and on A-4 paper or such other size as the Registrar may permit. 22. (1) lhe pages of documents must be numbered consecutively, preferably at the top of the page. (2) Page margins must be at least 2 centimetres. (3) Pages must be typed or printed, preferably with one and a half spacing or double spacing. 23. An application must be in English. 17 Numbered consecutively. Language of documents. 24. ( 1) For the purposes of section 28 (3) of the Act, the quantity of Propagating propagating material set out in column 3 of Schedule III is prescribed in respect material. of the kind of variety set out opposite such quantity in column 2 of that Schedule. (2) For the purposes of section 20 (1) of the Act, the stock of propagating material in relation to a variety which is required to be maintained is the stock set out in column 3 of Schedule IV opposite the variety concerned set out in column 2 of that Schedule. 25. 2001. These Regulations shall come into force on the 17th day of August, MADE by the Attorney General this 17th day of August, 2001. (GODFREY SMITH) Attorney General Commencement. THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. I Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. 1s CAP. 255] Protection of New Plant Varieties FEES SCHEDULE I [Regulation 12] $ An application under section 28 of the Act ... Fee for a grant of breeder's right under section 39 of the Act Applying for a compulsory licence under section 51 (1) of the Act ............................................... . Examination of Register. .. . .. . .. . .. . .. . .. Obtaining uncertified copy or extract of an entry in the Register ....................... . Obtaining certified copy or extract of an entry in the Register ....................... . 300.00 300.00 500.00 5.00 per page or part of a page 5.00 per page or part of a page 10.00 per page or part of a page THE SUBSIDIARY LAWS OF BELIZE [ Printed b.y the Governm.ent Printer,] No. I Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. Protection of New Plant Varieties [CAP. 255 19 Annual renewal fee, as mentioned in section 22 of the Act, in relation to any variety .. . .. . .. . .. . 500.00 Making late payment of the annual fee . . . . . . . . . 100.00 Assignment or transfer of application for the grant of breeder's right .. . .. . .. . .. . . . . .. . .. . 200.00 Opposition to grant of breeder's right as mentioned in section 41 (1) of the Act .. . .. . .. . .. . .. . .. . 200.00 Application for invalidation of breeder's right under section 26 of the Act .. . .. . .. . .. . .. . .. . 200.00 THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 [ Printed by the Government Printer,] No. I Power Lane, Belmopan, by the authority of the Government of Belize. 20 CAP. 255] Protection of New Plant Varieties SCHEDULE II [Regulation 19 (1)1 (Section 28 (1) of the Act) FORMN0.1 APPLlCATlON FOK PKOTEC110N OF A PLANT V AKlliTY 1. Owner(s): name(s) and address(es): 2. BZ address to which corres pondence is to be sent (if different from 1.): (If Belize (BZ address) telephone: fax: telephone: fax: 3. Kind of plant: Common name: Botanical name: 4. (a) Proposed denomination (in block letters): (b) B1t:t:1.ka •~ 1t:fo11;:111;1, (if a11y ). (c) Commercial synonyms (if any): 5. (a) Name and address of original breeder(s) (if other than owner(s)): To the best of my ( our) lmowledge there is no other original breeder (b) If original breeder( s) other than owner( s ), indicate whether the variety was transferred to owner( s) by: • contract . success10n . other (specify): THE SUBSIDIARY LAWS OF BELIZE [ Printed b-y the Governm-ent Printer,] No. I Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. Protection of New Plant Varieties [CAP. 255 21 6. Have applications for plant variety protection been made in other countries: . Yes . No If 'yes" give details below: Application Denomination Country Application No. Stage ( or breeder's date reference) THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. I Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. 22 CAP. 255] Protection of New Plant Varieties Checklist The items in bold print are required at application time. Those in normal print should be supplied at application or as soon as possible afterwards. FOR ALL VARIETIES • application form completed fully, signed and dated. • application fee • technical questionnaire. • authorization of agent (if applicable). • evidence of ownership (if applicable). • certified correct copy of the overseas application for which priority is claimed,(if applicable). INSTRUCTIONS General Instructions The application can only be accepted if completed, signed and accompanied by the correct application fee, the completed technical questionnaire and any other required attachment. The checklist above :indicates the attachments which are required at application. Send the original of the application, the attachments and fee payment by: post to/self or courier to- The Registrar, Retain a copy for your own reference. Intellectual Property Office BELMOPAN Any authorization of agent, evidence of assignment of ownership, etc., must THE SUBSIDIARY LAWS OF BELIZE [ Printed b.y the Governm.ent Printer,] No. I Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. Protection of New Plant Varieties [CAP. 255 be the copy containing the original signature, or be an original legally certified true copy. Specific instructions Part 1 - Where the application is made by an agent (including also an application made by a joint owner acting for all owners) it must be accompanied by an authorization completed by the person( s) on whose behalf the agent is authorized to act. A model authorization is given in Form No. 2 of this Schedule. Part 4- The denomination is the designation or name under which the grant of Plant Variety Rights will be registered. Where application is made in more than one country the same denomination must be used. Applicants may defer proposing a denomination until after application but if so must give a breeder's reference or some sort of temporary designation. With some species it is common practice for the variety denomination to be in the form of a breeder's code name. The tem1 commercial synonym is used to refer to the fancy name that may be added to such a denomination when the variety is marketed. For example, the rose variety with denomination 'Macauck' has the commercial synonym "Olympiad''. Part 5 - Where the owner of the variety is other than the original breeder, i.e. the owner is the successor in title to the breeder, the application must be accompanied by documentary evidence sufficient to establish present ownership. Part 6 - Indicate in chronological order all prior applications for protection ( e.g. plant variety rights, plant variety protection certificate, plant patent) without exception, including those filed in countries which are not Parties to the International Convention for the Protection of New Varieties of Plants of 1978 as last revised. In the "Stage" column indicate whether pending, rejected, withdrawn, or rights granted. 23 THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. I Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. 24 CAP. 255] Protection of New Plant Varieties (Instructions on reverse side) 7. Priority is claimed in respect of the application filed in (counti:y) on (date) under the denomination 8 (answer hnth (a) and (h) (a) The variety- . has not been offered for sale or sold in BZ . was offered for sale or sold in BZ for the first time in Country on (date) under the denomination (b) The variety - . has not been offered for sale or sold abroad . . was offered for sale or sold abroad for the first time in (country) on (date) under the denomination 9. Plant material. I/We declare that the material provided, or to be provided, in relation to this variety is, or will be, representative of the variety. (Important: fVith certain kind:s of plant:s a :specified quantity of seed or colour photographs to be determined by the Registrar must be supplied at the time of application). I/We apply for Plant Variety Rights. I/We declare that, to the best of my/our knowledge, the information necessaiy for the examination of the application, given in this form and in any attachments is complete and correct. Signature( s): Date: THE SUBSIDIARY LAWS OF BELIZE [ Printed b.y the Governm.ent Printer,] No. I Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. Protection of New Plant Varieties [CAP. 255 Part 7 - Priority may be claimed in respect of an earlier application for plant variety protection that has been duly filed with the Authority of a Contracting Party. If there has been more than one such application, priority may be claimed only in respect of the first. A further proviso is that this overseas application should be claimed within a period of 12 months from the date of the filing of the earliest application, but the day of filing shall not be included in the said period. The advantage of claiming priority is that the date of application overseas becomes regarded in effect as the application date in BZ. This may give you precedence over competitors that you would not otherwise have enjoyed. If you do claim priority, you must supply to the Intellectual Property Office, within 3 months of the application date in BZ, a copy of the documents constituting the first application certified as being correct by the overseas authority. (Section 14 (2) of the Act) 25 THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. I Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. 26 CAP. 255] Protection of New Plant Varieties FORMNO.2 [Regulation 19 (1)] AUTHORISATION OF AGENT I/We hereby authorize ............................................................. . to sign any application, notice or other document given, delivered to or served upon the Registrar in accordance with the Protection of New Plant Varieties Act (Chapter 255 of the Substantive Laws of Belize, Revised Edition 2000) and the Protection of New Plant Varieties Regulations, 2001, and to make all attendances upon the Registrar relating to the plant variety(ies) with proposed denomination( s )* ............................................................... .. Signed: ............................................................ .. Date: .............................................................. . Address: .......................................................... . *If a denomination has not yet been proposed, give the breeder's reference or temporary designation. THE SUBSIDIARY LAWS OF BELIZE [ Printed b.y the Governm.ent Printer,] No. I Power Lane, Belmopan, by the authority of the Government of Belize. (Section 39(1) of the Act) REVISED EDITION 2003 Protection of New Plant Varieties FORMNO.3 [Regulation 19 (1)] GHANT OF HKKKVEK'S KIGHT The Intellectual Property Office of Belize [CAP. 255 WHEREAS an application has been presented to the Registrar of the Intellectual Property Office for the grant of a plant variety right for a novel, distinct, homogeneous and stable variety; AND WHEREAS it has been determined that the requirement of the Protection of New Plant Varieties Act, Chapter 255 of the Substantive Laws of Belize, Revised Edition 2000, have been complied with; NOW THEREFORE this grant entitles the applicant, and any subsequent legal representatives of the applicant, to all the benefits of the Act and to the relevant period of protection stated in section 21 of the Protection of New Plant Varieties Act, Chapter 255 of the Substantive Laws of Belize, Revised Edition 2000, subject to the conditions contained in the Act and any adjudication of the Supreme Court affecting those rights. In testimony whereof this document bears the seal of the Office affixed to it at Belmopan. Granted this day of in the year 20 Registrar Intellectual Property Office 27 THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. I Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. 2s CAP. 255] Protection of New Plant Varieties (Section 41 of the Act) FORMNO.4 [Regulation 19 (1)1 NOTICE OF OPPOSITION TO GRANT OF HKKltUEK'S KlGHT (To be submitted in duplicate) IN THE MATTER OF an opposition by to application No. of VWe' hereby give notice of my/our opposition to the grant of the breeder's right adve1iised under the above number in the Journal of the day of 20 The grounds of opposition are as follows: Address for service in Belize in these proceedings: Dated the day of , 20 THE SUBSIDIARY LAWS OF BELIZE [ Printed b.y the Governm.ent Printer,] No. I Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003 Protection of New Plant Varieties [CAP. 255 29 To the Registrar lntellectual Property Office BELIZE. 1. Here state full name and address of the person who opposes the application. 2. Signature. THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. I Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003 30 CAP. 255] Protection of New Plant Varieties (Section 28 (3) of the Act) Schedule III lRegulation 24 (l)J QUANTITY OF REPRODUCTIVE MATERIAL TO ACCOlVlP ANY APPL1CA110N Item Kmd of variety 1. Tree 2. Vine 3. Edible fungus 4. Edible microscopic alga 5. Edible macroscopic alga that is propagated by spore 6. Edible macroscopic alga that is not propagated by spore Quantity of reproductive material Such quantity of reproductive material as is sufficient to produce 40 plants. Such quantity of reproductive material as is sufficient to produce 40 plants. 1 gram ( measured by dry weight) net of reproductive material. 1 gram (measured by dry weight) net of reproductive material. 1 gram ( measured by dry weight) net of spore. 50 grams (measured by dry weight) net of reproductive material. THE SUBSIDIARY LAWS OF BELIZE [ Printed b.y the Governm.ent Printer,] No. I Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003 Protection of New Plant Varieties [CAP. 255 31 7. Grammeae that is propagated by seed 8. Gramineae that is not propagated by seed 9. Any kind of variety that is propagated by seed and does not fall within any item in items 1 to 8 10. Any kind of variety that is not propagated by seed and does not fall within any item in items 1 to 8 THE SUBSIDIARY LAWS OF BELIZE 500 grams of seed. 2 kilograms of reproductive material. 500 grams of seed. Such quantity of reproductive material as is sufficient to produce 60 plants. [ Printed by the Government Printer,] No. I Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003 32 CAP. 255] Protection of New Plant Varieties Schedule IV [Regulation 24 (2)] (Section 20(1) of the Act) STOCK OF REPRODUCTIVE MATERIAL REQUIRED TO BE MAINTAINED Item Kmd of variety 1. Any variety of tree 2. Any variety of vine 3. Any variety of edible fungus 4. Any variety of edible microscopic alga 5. Any variety of edible macroscopic alga that is propagated by spore Stock of reproductive material. Such stock of reproductive material as is sufficient to produce 100 plants. Such stock of reproductive matenal as is sutticient to produce 100 plants. 2 grams ( measured by dry weight) net of reproductive material. 2 grams ( measured by dry weight) net of reproductive material. 2 grams ( measured by dry weight) net of spore. THE SUBSIDIARY LAWS OF BELIZE [ Printed b.y the Governm.ent Printer,] No. I Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003 Protection of New Plant Varieties [CAP. 255 33 6. Any variety of edible 100 grams ( measured by dry macroscopic alga that weight) net of reproductive is not propagated by material. spore 7. Any variety of 1 kilogram of seed. Grammeae that is propagated by seed 8. Any variety of 4 kilograms of reproductive Gramineae that is not material. propagated by seed 9. Any variety that is propa- 1 kilogram of seed. gated by seed and does not fall within any item in items 1 to 8 10. Any variety that is mt Such stock of reproductive propagated by seed material as is sufficient to and does not fall within produce 120 plants. any item in items 1 to 8 THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. I Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize.