Protection of New Plant Varieties Regulations, 2000 (Cap. 82:75)

MINISTRY OF LEGAL AFFAIRS 32 [Subsidiury] Chap. 82:75 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties SUBSIDIARY LEGISLATION PROTECTION OF NEW PLANT VARIETIES REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation. 2. Interpretation. 3. Fees. 4. Forms. 5. Agency. 6. Application for grant. 7. Variety denomination. S. Withdrawal of application for grant. 9. Marking of application for grant. 10. Notification of action for assignment or transfer. 11 . Request for registration of assignment or transfer. 12. Annual fees. 13. Renunciations. 14. Request for annulment. 15. Declaration of forfeiture . 16. Cancellation of registered variety denomination. 17. Notification of non-compliance. 18. Invitations. 19. Rejections. 20. Oppositions. 21. Procedure upon receipt of request for annulment, etc. 22. Request for registration of licence contract. 23. Cancellation of registered licence of right. 24. Request for registration of compulsory licence. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Proto otton of Now Pla nt vartottos Regulations REGULATION 25. Rcgbb::a of Plaut Bi ecdcrs Rigllt:s. 26. Examination of Register. 27. Requests for copies or extracts from Register. 28. Address for service. 29. Excluded days. Chap. 82:75 33 [Su bstd luey] 30 Service by mail 31. Extension of time limits. 32. Amendment of documents and correction of irregularities. 33. Dispensation by Controller. 34. Publication. FIRST SCHEDULE. SECOND SCHEDULE. L.RD. 112006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 34 [Subsidiury] 29812000. Chap. 82:75 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties PROTECTION OF NEW PLANT VARIETIES REGULATIONS made under section 46 Citation. Interpretation. Fees. Firs t Schedule. Forms. Second Schedule. Agency. Applicati on for grant. 1. These Regulations may be cited as the Protection of New Plant Varieties Regulations, 2. In these Regulations "the Act" means the Protection of New Plant Varieties Act. 3. The fees to be paid in respect of matters arising under the Act or these Regulations shall be those specified in the First Schedule. 4. (1) The Forms referred to in these Regulations shall be those set out in the Second Schedule. (2) A requirement under these Regulations to use a Form is satisfied by the use of a replica of that Form or of a Form which is acceptable to the Controller and contains the information required by the Form set out in the Second Schedule. 5. (1) The appointment of an agent or representative under section 12 of the Act shall be by an authorisation of agent which shall be signed by the applicant or person making the application or, if there are more than one, by each applicant or person making the application. (2) The authorisation of agent appointing an agent or representative may be filed together with the application or within two months from the date such application is filed and, if the appointment is not thus made or is not in accordance with section 12 of the Act and subregulation (1), any procedural steps taken by the agent or representative, other than the filing uf the application, shall be deemed not to have been taken. 6. (1) An application for the grant of a plant breeder 's right filed pursuant to section 20(1) of the Act shall be made on Form No. 1 and shall be accompanied by the prescribed fee. (2) A technical questionnaire filed pursuant to section 20(2) of the Act shall be in the form set out as Form NO.2. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Proto otton of Now Plant vartottos Regulations Chap. 82:75 35 [Su bstd luey] 7. A proposal for a variety denomination made pursuant to Variety section 24 of the Act shall be in the form set out as Form No.3. denomination. 8. (1) The withdrawal of an application pursuant to the Act shall be addressed to the Controller in writing and signed by each applicant, agent or representative. (2) The application fee shall not be refunded if the application is withdrawn. 9. (1) Upon receipt, the Controller 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 T T, slant, the letter B, 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 Controller shall also mark their actual date of receipt in the appropriate place on the application. (2) The application number allotted under subregulation(1) shall be quoted in all subsequent communications concerning the application. 10. Where an action is filed under section 11 of the Act the person filing the action shall notify the Controller in writing and upon the furnishing of proof to the satisfaction of the Controller, the Controller shall, immediately upon receipt thereof, defer any decision on the application until the Court has made a final order. Withdrawal of application for grant. Marking of application for grant. Notification of action for assignment or transfer. 11. (1) A request for the registration of an assignment or R'quost fO' transfer pursuant to section 13(3) of the Act shall be made on registration of assignment or Form No. 4 and shall be accompanied by an original or a certified transfer; copy of the document which establishes the assignment or transfer and by the prescribed fee. (2) Where in the case of a request under subregulation (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 Controller otherwise directs, either upon or with the request, set out the circu mstances under which his claim to be the proprietor of the variety is based. L.RD. 112006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 36 [SubsidinryJ Chap. 82:75 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties Pro tect ion oINew Plan/ T1arie/ies Regula/ion .• (3) If the Controller so requires the circumstances shall be verified by a statutory declaration made on Form No.5. Annual fees. 12. (1) The annual fees payable under section 18 of the Act First Schedule. are set out in the First Schedule . (2) Upon payment of the annual fee the Controller shall, within two weeks from the date payment is received, furnish or send to the applicant for, or to the owner of the plant breeder's light, a receipt of payment. (3) Annual fees shall not be refundable. Renunciations. Request for annulment. Declaration of forfeiture. 13. A declaration by the holder of a plant breeder's light of the renunciation of his right pursuant to section 19(1) of the Act shall be on Form No.6. 14. (1) A request for an annulment of a plant breeder 's light filed pursuant to section 19(3) of the Act shall be on Form No. 7 and shall include a full statement of the grounds upon which the person making the request relies and be accompanied by (a) a duplicate of the request; and (b) the prescribed fee. (2) Upon receiptof a request referredto in subregulation(1) the Controller shall forthwith ~p.11f1 the duplicate of the request, together with any annexes, to the holder of the plant breeder's light. (3) The withdrawal , under section 33(5) of the Act, of a request for an annulment shall be addressed to the Controller, in writing. 15. (1) WhP.fP. the Controller declares £I plant breeder's tight forfeit pursuant to section 19(4) of the Act , the declaration shall be in writing and a duplicate thereof shall forthwith be sent to the holder of the plant breeder's right. (2) A request for the forfeiture of a plant breeder's right filed pursuant to section 34 of the Act shall be, in duplicate, on Form No.8 and shall include a statement setting out fully the grounds upon which the person making the request relies. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Proto otton of No w Plant vartottos Regul a tions Chap. 82:75 37 [Substdluey] 16. A request for the cancellation of a registered variety denomination pursuant to section 28(1) of the Act shall be on Form No. 9 and shall be made in duplicate. 17. (1) Where any of the requirements under section 30(1) of the Act have not been complied with, the Controller shall notify the applicant, his agent or representative in writing of the non-compliance, specifying the actions to be taken to complete the application. (2) A notice under subregulation (1) shall be sent to the applicant . his agent or representative wherever possible. 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 appl icant, his agent or repre sentative does not comply with the notification under subregulation (1) , or where, despite the corrections made by the applicant, his agent or representative, the Co ntro ller is of the opinion that the requirements under section 30(1) of the Act have still not been complied with he shall reject the application pursuant to section 30( 2) of the Act and noti fy the applicant, his agent or representative in accordance with regulation 19. 18. An invitation under section 31(2) of the Act shall (aJ be in writing; and (hJ specify the fee to be paid. Cancellation of registered variety denomination. Notification of no n-compliance. Invitations. 19. (I) A rejection of any application, request or opposition Rejections. under the Act shall be in writing and shall specify the reasons therefor. (2) Where the Controller rejects an application under section 31(8) of the Act, the rejection shall be accompanied by a copy of the examination report, if any, upon which the rejection of the application was based. 20. (1) An opposition to the grant of a plant breeder 's right Oppositions. pursuant to section 32(1) of the Act shall be made, in duplicate, on Form No.10 and shall be accompanied by the prescribed fee. L.RD. 112006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 38 [Subsidinry] Chap. 82:75 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties Pro tect ion oINew Plan/ T1arie/ies Regula/ion .• Procedure upon receipt of requ est for annulment, etc. Request for registrati on of licence contract. Cancellation of registered licence of right. Request for registrati on of compulsory Iiceuce, (2) The Controller shall forthwith send to the applicant for the grant of the plant breeder's right a duplicate of the Form in subregulation (1). 21. (1) Upon receipt of any request for annulment or forfeiture or of any opposition, the holder of the plant breeder's right or the applicant, as the case may be, shall, within three months from the receipt of such request or such opposition, file a counter-statement, in duplicate , setting out fully the grounds upon which he contests such request or opposition and the Controller shall send a copy of the counter-statement to the person making the request or to the opponent. (2) Subject to the provisions of the Act, the Controller may give such directions as he may think fit with regard to the subsequent procedure. 22. A request for the registration of a licence contract pursuant to section 39(3) of the Act shall be on Form No. 11 and shall be accompanied by (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 prescribed fee. 23. (1) A request for the cancellation of a registered licence of right pursuant to section 43(5) of the Act shall be on Form No. 12 and shall state the name of each beneficiary and whether or not they have agreed to the cancellation. (2) A request under subregulation (1) shall be accompanied by such evidence as the Controller may require . 24. (1) Any person to whom a compulsory licence has been granted pursuant to section 44 of the Act may, in writing, notify the Contro ller of the grant of the licence and request on Form No. 11 the registration of such grant in the Register. (2) A request made pursuant to subregulation (1) shall be accompanied by an office copy of the order of the Court and by the prescribed fee. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Pro tootton of No w Plant vartottos Regul a tions Chap. 82:75 39 [Substdluey] 25. The Register of Plant Breeder's Rights shall contain in Register of Plant ddi . h . d d . 47 f h A' Breeder'sa iuon to t e matters require un er sectIon 0 t e ct, at Rights. least the following information: (aJ the names and addresses of the holders of plant breeder 's rights; (bJ the names and addresses of the agents or representatives, if any for the time being, of the holders of plant breeder's rights; (cJ 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 recognised professional association or in any reference collection of plaut iuatei ial accepted by lite C o u u o l le i , (eJ the date upon which and the period for which plant breeder 's rights in the plant variety were grunted; and (fJ the date upon which such rights expired or were otherwise terminated or, declared null and void, as the case may be. 26. (1) The fee for the examination of the Register under Exa!"ination of section 48 of the Act shall be as set out in the First Schedule. ~i~~:'~~~'dnl' (2) Subject to the payment of the prescribed fee, the Register shall be made available to the public for examination between the hours of 8.30 a.m. and 3.30 p.m. on any weekday other than Saturdays, Sundays and public holidays. 27. Requests made pursuant to section 48 of the Act for R,~u"tdor copies of, or for extracts from the information contained in the :~r:;:;t;;mm Register, shall be made to the Controller in writing and shall be Register subject to payment of the prescribed fee. 28. (I) There shall be furnished to the Controller (aJ by every applicant for the grant of a plant breeder's right: and (bJ by every person (including the applicant for, or UPDATED TO DECEMBER 31ST 2009 Address for service. L.RD. 112006 MINISTRY OF LEGAL AFFAIRS 40 [Subsidinry] Chap. 82:75 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties Pro tection oI N ew Plan/ T1arie /ies Regu la/ion.• Excluded days. Service by mail. Extension of time limit s. A m e nd m e n t of docum ents and correcti on of irregularities. the owner of the plant breeder's right, as the case may be) concerned in any proceedings to which the Act or these Regulations relate, an address for service in Trinidad and Tobago and the address so furnished or, where another address (being an address in Trinidad and Tobago) 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, as the case may be, of that person. (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 or persons who appointed the Attorney -at-law shall be transmitted. 29. When the last day for doing any act or taking any proceedings falls on a day when the office is not open to the public for business, it shall be lawful to do the act or to take the proceeding on the day when the office is next open for business. 30. (1) Any notice, request or other document sent to the Controller by mail shall be deemed to have been given, made or filed at the time when it would be delivered in the ordinary course of the mail and in proving such sending, it shall be sufficient to prove that the letter containing such notice, request or other document was properly addressed and sent by registered mail. (2) Subregulation (1) does not apply to the accordance of a filing date. 31. The time or periods prescribed by these Regulations for doing any act or taking any proceedings thereunder, other than times or periods prescribed in regulation 17(2), may be extended by the Controller if he thinks fit, upon such notice to the parties and upon such terms as he may direct, and such extensions may be granted although the time or period tor doing such act or taking such proceeding has already expired . 32. Any application, notice, request or other document required by these Regulations may be amended and any irregularity in UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Pro tootton of No w Plant vartottos Regul a tions Chap. 82:75 41 [Substdluey] procedure may be excused by the Controller, upon receipt of a request in writing or on his own initiative and upon such terms as he may direct, if in the opinion of the Controller such amendment or correction would be without detriment to the interests of any other person. 33. Where, under these Regulations, any person is required to do any act or thing, or any document or evidence is required to be pro duced or filed, and it is shown to the satisfaction of the Controller that for any reasonable cause that person is unable to do that act or thing, or that that document or evidence cannot be produced or filed, the C ontro lle r 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. 34. The publication of any matter required to be published under the Act shall contain such details of the matter as the Controller considers appropriate. UPDATED TO DECEMBER 31ST 2009 Dispensation by Controller. Publication. L.RD. 112006 MINISTRY OF LEGAL AFFAIRS 42 [SubsidinryJ Chap. 82:75 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties Protection oINew Plan/ T1arie/ies Regula/ion.• rrnsr SCHEDULE FEES Malle r Amount o/Fee 1. Filing of application for grant of plant $1 .mnon breeder's right [section 20(1); regulation 6] 2. Filing of request for registration of assigiuueut or transfer [section 13(3), $150.00 regulation 11] Form No . 4 3. Renewal of protection 1st year 2nd year-5th year 6th year-10th year 11th year-Isth year [section 18; regulation 12] 4. Filing of request for annulment [sections 19(3) and 33(1); regulation 14] 5. Testing for distinctiveness, conformity and stability [section 31(2)] No fee $150.00 per year $500.00 per year $1,000.00 per year $150.00 $500.00 plus the amount payable to the Testing Authority 7 6. Filing of opposition [section 32(1); regulation 20] $150.00 7 . Registration of licence contract and grant of compulsory licence [sections 39(3) $150.00 and 44; regulations 22 and 24] 10 11 ~ . bxamination of Register [section 4~; regulation 26] 9. Provision of certified copies/extracts from Register [section 48; regulation 27] UPDATED TO DECEMBER 31ST 2009 $40.00 $5.00 per page plus $50.00 certification. www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Proto otton of Now Plant vartottos Regulations SECOND SCHEDULE FORMS FORM NO. I Chap. 82:75 43 [Su bs td luey] Regulation 4. Regulation 6(1). PROTECTION OF NEW PLANT VARIETIES ACT (CH. 82:75) INTELLECTUAL I'ROI'ERTY OFFICE, TRINIDAD AND TOBAGO For Official Usc Application No.: Date of Filing: Date of Filing of corrections or later documents : AJ'I'L1CATION FOR GRANT OF A I'LANT BREEDER'S RIGHT (To be accom panied by the prescribed fee) (Note: Please consult the instructions before completing) An official copy of the submitted application showing the date of filing is requested as a certificationof priorityfor an applicationin the following States: 1. (a) Applicant(s) name(s) and addressees) (h) Nationality(ies) 2. (a) Address to which correspondence is to be sent: (b) Address I lof the appl icant I I of one of the applicants I I of the agent/representative I I for service 3. Species and crop 4. (a) Proposed denomination: (in block letters) (h) Breeder's reference: L.RD. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 44 [Subsidinry] Chap. 82:75 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties Pro tect ion oI N ew Plan/ T1arie /ies Regu la/ion.• FORM NO.1 - Continued 5. (a) The original breeder(s) is/are I I the (all) applicant(s) I I the following person(s) To the best of my/our knowledge there is no other original breeder (h) Th e va riety was transferred to the applicant(s) by: I I contract, I I success ion I I other (specify) Ie) The variety was bred in: [State(s)] 6. Further State(s) Filing Application No. Stage applications Date Den omin ation or breeder's refer ence: Type of Protec tion Offic ial variety list 7. Priority is claimed in respect of the applic ation filed in (State) on (date) under the denomination 8. The variety has been offered for sale I I not yet I I for the firs t time (dare) or marketed in (State of application ) under the denominati on and in other States II not yet II for the first time in (State) under the denomin ation UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Proto otton of Now Plant vartottos Regulations FORM NO.1 -Continued 9. (a) The technical examination of the variety I I has already been completed I I is in progress I J will be carried out in [Statc(s )] (h) IIWe declare that the material provided with the first application is representative of the variety and relevant to this application. (c) I / AUliJUliMtlUII is hereby gi vcu tu the Intellectual Property Office to exchange with the competent authorities of any urov member State all necessary information and material related to the variety, provided that the JigliLs uf [lit: applicautrs) are safeguarded. Other forms and documents attached: 11/ /2/ 13/ /4/ /5/ I1We hereby apply for the grant of a plant breeder's right and declare that to the best of my/our knowledge the iU[UrIUa liU II necessary fUI [li t: exam inat ion uf [lit: application given in this Form and in the annex(es) is complete and correct. *Signature(s) t (ApplicanU Date/place AgentJRepresentative) tt.Appficant/ Date/place AgentJRepresenta tives) Chap. 82:75 45 [Su bstd luey] L.RD. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 46 [Subsidinry] Chap. 82:75 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties Pro tection oINew Plan/ T1a rie/ies Regula/ion .• INSTRUCTIONS FORM NO.1 Item lea) State the full name and address (including the country/State) of the applicant whether a natural person or a firm . Where there is more than one applicant, state the names and addresses of all of them. If the space under item 2(a) is insufficient state only the name(s) of the applicant(s). Add the addressees) 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) If the applicant is a person, 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 their registered office. Residence shall be indicated by the name of the State of which the person is a resident. Item 2 This must be an address in Trinidad and Tobago and must be sufficiently complete to ensure delivery by post. Telephone and fax numbers would also be appreciated. If there is no address in Trinidad and Tobago an address for service must be given . Please refer to regulation 28 of the Protection of New Plant Varieties Regulations. Where one joint applicant has been authorised to act for the other joint applicants 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 repr esentati ve is authorised to act Item 3 The particulars stated must allow for the exact identification of the variety under both its botanical and technical aspects . The Latin name of me most suitable taxonomical unit (genus, specie , subspecies) should be stated together with the common name. Item 4 The variety must be filed in each member State 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. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Prot ootton of Now Pla nt vartottos Regulations Chap. 82:75 47 [Su bstdluey] Item Sea) Mark the first box with a cross if the applicantrs) islare the breeders of the variety. Mark the second box with a cross if the applicant(s) islare not the breeder(s) of the variety andlor if a third person(s) islare the breeder(s) of the variety. State the name(s) and addressees) of the breeden's) on a separate page, if Ut:i,;t::s:sa.ry and if Hutstated WIUt:r Itt:111 2. Item SIb) If the first box has been marked under item Sla), enter nothing under this Item. Item 6 Specify all prior applications without exception, in chronological order, including those filed in States that are not members of the International Union for the Protection of New Varieties of Plants (UPOV). In The column headed "s tage" use The ronowing abbreviations: A- application pending. B- denomination rej ected. C denomination withdrawn. D~plant breeder 's right granted or variety entered in official variety list Tlie term "type of protection" comprises special titles of protection, plant patents and industrial patents. "Official variety list" means any list of varieties whose marketing is authorised by the competent authorities. Item 7 A right of priority may only be claimed within a period of twelve months from the date of filing of the earliest application duly filed for the same variety either by the applicant himself or his predecessor in title but the day of filing shall not be included in that period. Item 8 "State of application" means the State in which the application was filed. Item "Other fOODS and docum ents attached" Mark a cross in the box if any of the following documents is attached to this application: III Technical Questionnaire as in Form NO.2. 121 Proposal for a Variety Denominatio n as in Itorm No . 3 . /3/ Authorisation of agent/representative. L.R.o . 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 48 [Subsidinry] Chap. 82:75 L AWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties Pro tection oINew Plan/ T1arie/ ies Regula/ion.• INSTRUCTIONS- (Continued j F OR M N O . 1 /4/ Under section 21 of the Act, if the priority of the first application is claimed a certified copy of the docwnents which constitute that application must he forw arded to the Intellectual Property Office within three months of the date of filing this application. Mark a cross in box 4 if that copy is attached. The additional boxes have been added to allow for the attachment of additional documents /information, General *State name (in block letters) under signature(s) and delete whichever is not applicable. [ This Form must be signed by the applicant or by the agent or representative whe re an au thorisation of agent exists Please refer to sections 20 and 21 of the Protection of New Plant Varieties Act, before completing this Form. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Proto otton of Now Plant vartottos Regulations Chap. 82:75 49 [Su bstd luey] F ORM NO.2 PROTECTION OF NEW PLANT VARIETIES ACT (CII. 82:75) INTELLECTUAL PROPERTY OFFICE, TRINIDAD AND TOBAGO For Official Use ApplicationNo.: Date of Filing: TECHNICAL QUESTIONNAIRE (To be completed together with QIl application for the grunt of a plant breeder's right) 1. Species: 2. Applicant(s) name(s) and addressees): 3. Proposed denomination or breeder's reference: 4. Information on origin, maintenance and reproduction of the variety: 5. Characteristics of the variety (the number in brackets refers to the corresponding characteristics in the Test guidelines). Please mark the state of expression which best corresponds. Characteristics Example Note Varieties UPDATED TO DECEMBER 31ST 2009 Regulation 6(2). L.RD. 112009 MINISTRY OF LEGAL AFFAIRS 50 [SubsidinryJ Chap. 82:75 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties Pro tection oINew Plan/ T1arie/ ies Regula/ion.• FORM NO. 2-(Continued) 6. Similar va rieties and differences from these varieties: Denom ination Characteristi c State of expression State of of similar in which of similar express ion va riety the simi lar variety of candidate va riety is va riety different * "'III Lit" case uf id entical sta tes u f cx pi essio u uf uu LII va i ieties please indicate the size of the difference. 7. Additional information which may help to distinguish the variety: 7.1 Resistance to pests and diseases (Please specify races/st rains, if poss ib le) : 7.2 Spec ial conditions for the examinatio n of the variety : 7.3 Other information: UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Prot ootton of Now Pla nt vartottos Regulations INSTRUCTIONS FORM NO.2 General Chap. 82:75 51 [Su bs td luey] Dates should be written in the year, month, date order (for example !!\I -UJ-JU) , Please consult section 20 of the Protection of New Plant Varieties Act, before filling in this Form , Item I 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 sunable taxonomicat unit (genus, specie. subspecies: should be stared together withthe common name. Item 2 If the address is the same as that used in the application for plant breeder's right (Form No.1), add only the name(s) of the applicant(s) under this Item. Item 3 The variety must be filed in each member State under the same denomination. Accents may not be deleted from a variety denomination. Please state the breeder's reference. L.RD. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 52 [SubsidinryJ Chap. 82:75 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties Pro tection oINew Plan/ T1arie/ ies Regula/ion.• Regulation 7. FORM NO . 3 PROTECTION OF NEW PL ANT VARIETIES ACT (CH. 82:75) INTELLECTUAL PROPERTY OFFICE , TRINIDAD AND TOB AGO For Official Use Application No.: Date of Receipt: PROPOSAL FOR A VARIETY DENOMINATION (Note: Please consult the instructions before completing) 1. (a) This proposal refers to the variety filed under applica tio n numher : (h) Initially proposed den ominati on or bre eder's refere nce: 2. (a) Proposer(s) nam e(s) and add ress(es): (1)) Address to w hic h corres po ndence is to be se nt : (e) This is the address I I of the propose r I I of one of the proposers J Jof th e agent/representati ve (author isation of agent form attache d J J for service) ) Sp eci es a nrl " ro p ' 4. Proposed denomi nation (in block letters): UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Prot ootton of No w Plant vartottos Regul ations FORM NO. 3 - (Continued) o. Denomm ation submitted or registered In other member States of UPOV: State Stage Denomination (if different from Item j above). 6. I I Th e proposed denomination has been filed or registered for the proposer(s) as a trade mark in the State of applica tion, in a UPOV m ember State or with th e International Bureau of the World Inte llectual Property Organisation (WIPO) in respect of products that are identical or similar within the meaning of trade mark law. State and/orDateofapplication Dateof registration Registration WIPO Number 7. Trade mark renunciation in accordance with section 26 of the Protection of New Plant Varieties Act. I1We hereby propose the var iety 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. *Signatur e(s) t (ApplicantJ Date/plac e Ag ent/Representative) t (ApplicanU Date/place A gent/Representative) Chap. 82:75 53 [Substdluey] L.RD . 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 54 [Subsidinry] Chap. 82:75 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties Pro tection oINew Plan/ T1a rie/ies Regula/ion .• INSTRUCTIONS FORM NO.3 General Dates should be written in the year, month, date order (for example 99-01-10) . "State of application" means the State in which the applicati on was filed . " UPOV" means the International Union for the Protection of New Varieties of Plants. * State name (in block letters) under signature(s) and delete whichever is not applicable. [This Form must be signed by the applicant or by the agent or representative where an authorisation of agent exists . Please refer to section 24 of the Protection of New Plant Varieties Act, before completing this Form. Item 1 Where this Form is filed simultaneously with the application for the grant of a plant breeder 's right (Form No.1) nothing is to be entered under this Item. However, where this Form is tiled at a later stage the number which the Intellectual Property Office has allotted the application for plant breeder 's right is to be stated under Item l(a) , Item 2 If the addressees) is/are the same as that used in the application for grant of a plant breeder 's right. add only the narnets) of the proposer(s) . Please refer to the instructions for Form No.1, Item 2. Item 3 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. Item 4 The variety must be filed in each member State under the same denomination. Accents may not be deleted from a variety denomination. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Proto otton of Now Pla nt vartottos Regulations Chap. 82:75 55 [Su bstd luey] Item 5 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- denominati on rejected, c - oenormnanon witnorawn. D -denomination accepted. L.RD. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 56 [SubsidinryJ Chap. 82:75 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties Pro tection oINew Plan/ T1arie/ ies Regula/ion.• Regulation 11(1). FORM NO. 4 PROTEr.T10N OF NEW PLANT VARIETIES Ar.T W H oR2:75) INTELLECTUAL PROPERTY OFFICE, TRINIDAD AND TOBAGO For Official Use FileNo. : Date of Filing: REQUEST FOR REGISTRATION OF AN ASSIGNMENT OR TRANSFER (To be accompanied by an origina l 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 presc ribed fee) REQUEST IS HEREBY MADE for the registration of the assignment or transfer of: / / grant of a plant breeder's right application number" / / plant breeder's right registratio n numb er" 1. Name(s) and address(es) of person(s) making the request: 7. (n) Th e "p pli"" tinn/r ight w,,~ "~~ ign"(Vtr"mf,,rr,,rl hy ltn the person(s) making this request by: / / contract / / Court / / successio n / / other (h) State particulars of contract, etc. 3. Name(s) and address(es) of assignor(s) : 4. Name(s) and address(es) of assignee(s): 5. My/Ou r address for service in Trin idad and Tobago is: UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Proto otton of Now Plant vartottos Regulations Chap. 82:75 57 [Su bstd luey] FORM NO.4-( Conlinued) 6. Doc uments attac hed: I J Original or certified copy of deed of assignment or transfer I I Original or certifie d copy of contract / / Oth er doourn ent e stahlis hin g titl e: I I Statement of claim to ownership of the variety I I Form No.5 IJWe declare that to the best of my/our knowledge the information given in this Form and in the annex(es) is complete and correct. t Signature(s) (Place/date) (Placeldate) To: The Controller, Intellectual Property Office M lnist ry of Legal Affai rs Port-of-Spain. L.RD. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 58 [SubsidinryJ Chap. 82:75 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties Pro tect ion oI New Plan / T1arie /ies Regula/ion .• INSTRUCTIONS FORM NO.4 General * State the number which has been allotted to the application for the plant bre eder's right or under which the plant bre eder's right has be en registered by the Intellectual Property Office. t State name (in block letters) under signature(s). Dates should be written in the year, m onth, date order (for example 99- 01 -10) . Both the person(s) making the request as well as the assignor(s) or assignee(s) are required to sign this request. Where the Conn-oller, Imellectual Property Office so requests, this Form must be followed by the filing of Form No. 5. Please refer to sections 9 to 11 and to section 13 of the Protection of New Plant Varietie s Act , before filling in this Form. Item 1 State the name(s ) and address(es) of the person(s) making the request who may either be the assignor(s)ltransferor(s) of the plant breeder 's right or its assignee(s)1transferee (s). Item 2 State by what means the application for the grant of a plant breeder 's right was assigned or transferred and give particulars. If by the Court, please state High Court action number and date of judgment. Item 3 State the name(s) and address(es) of the assignor(s) or person(s) making the assignment or transfer, if different from Item 1. Item 4 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. Item 5 Please refer to regulation 28 of the Protection of New Plant Varieties Regulations . Item 6 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 11(2) of the Protection of New Plant Varieties Regulations. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Prot ootton of No w Plant varto ttos Regulations Chap. 82:75 59 [Su bs td luey] FORM NO.5 PROTECTION OF NEW PLANT VARIETIES ACT (CII. 82:75) INTELLECTUAL PROPERTY OFFICE, TRINIDAD AND TOBAGO For Official Use Date of Filing: DECLARATION (To be accompanied by a statement of claim to ownership of the variety) *IIWe . of 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 withmy/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 rightJplant breeder's right registration number" ................... are true and correct in every material fact and document affecting the present ownershipof the above mentioned application/plant breeder's right*. And IJ\Ve make this solemn declaration conscientiously believing the same to be true and according to the Statutory DeclarationsAct, Ch. 7:04 and I am/we are aware that if there is any statementin this declaration which is false in fact which IJweknow or believe to be false or do not believe to be true that I am/we are liable to fine and imprisonment Declared at }by the above named tthe above-named this .......... day of ................... , 20.. Before me * To: The Controller, Intellectual Propert y Office Ministry of Legal Affairs Pnrt -cf-Spaln . UPDATED TO DECEMBER 31ST 2009 Regulation 11(3). L.RD . 112006 MINISTRY OF LEGAL AFFAIRS 60 [Subsidinry] Chap. 82:75 General LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties Pro tection oINew Plan/ T1a rie/ies Regula/ion.• INSTRUCTIONS FORM NO. 5 -Con/inued * Delete whichever is not applicable. t This declaration may be made and, if made, must be signed by the person(s) making the request in Form No.4. :t: If made in Trinidad and Tobago this declaration must be made before a Commissioner of Affidavit, Notary Public, Justice of the Peace or other officer authorised in law to administer an oath for the purpose of legal proceedings. If made outside of Trinidad and Tobago it must be made before a Trinidad and Tobago Consul or Notal}' Public. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Proto otton of Now Plant vartottos Regulations Chap. 82:75 61 [Su bs td luey] FORM NO.6 PROTECTION OF NEW PLANT VARIETIES ACT (CII. 82:75) INTELLECTUAL PROPERTY OFFICE, TRINIDAD AND TOBAGO For Official Use Date of Receipt: DECLARATION OF RENUNCIATION IN THE :N1ATIER OF plant breeder's right registration number": 1. tIlWe .. of .. being the holder(s) of the above-mentioned plant breeder's right hereby declare that I1we renounce and surrender all interest in said plant breeder's right. 2. The date of termination of my/our interest is: j . lhe date at expiration at the above-mentroned plant breeder's right is: UPDATED TO DECEMBER 31ST 2009 Regulation 13. L.RD. 112006 MINISTRY OF LEGAL AFFAIRS 62 [SubsidinryJ Chap. 82:75 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection of New Plant Varieties Pro tection oINew Plan/ T1arie/ ies Regula/ion.• FORM NO. 6-(Contill ll ed ) 4. Is the plant breeder's right held joi ntly. If so, please sta te the name(s) and addressees) of the other holder(s) of the right: I1We declare that to the best of my!our knowl edge the inform ation given in this Form is complete and correct. :j:Signature(s) (P lace!date) (P lace!date) To: The Controller, Intellectual Property Office Ministry of Legal Affairs Port-of-Spain. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Proto otton of Now Pla nt vartottos Regulations INSTRUCTIONS FORM NO.6 Chap. 82:75 63 [Su bstd luey] General * State the number under which the plant breeder's right has been registered by the Intellectual Property Offi ce. t Delete whichever is not applicable. t 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 persons may be one or more of the holders of the plant breeder's right. Item 2 If the renunciationis to take effect from or on a specific date, please state date . Otherwise, in accordance with section 19(1) of the Protection of New Plant VarietiesAct, the date of termination shall be the date of receipt 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. L.RD. 112006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 64 [SubsidinryJ Chap. 82:75 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection of New Plant Varieties Pro tection oINew Plan/ T1arie/ ies Regula/ion.• Regulation 14( 1). FORM NO.7 PROTECTION OF NEW PLANT VARIETIES ACT (CH. 82:75) INTELLECT UAL PROPERTY OFFICE, TRINIDAD AND TOBAGO For Official Use File No.: Date of Receipt: REQUEST FOR ANNULMENT OF PLANT BREEDER'S RIGHT (To be accompanied by a duplicate and the prescribed fee) REQUEST IS HE REBY MA DE that plan t bree der's righ t registra tion num ber" be decl ared null and vo id. 1. Th e right / / is su bsisting / / has expire d 2. Name(s) and addressees) of person(s) making the request 3. Name(s) and address(es) of / / rig htho lder(s) / / for me r righthold er(s) 4. (a ) The gro und(s) for the reques t is/are as follo ws : (h) / / A written stateme nt of the grounds for my/our req uest is attac hed. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Prot ootton of No w Plant varto ttos Regulations FORM NO. 7-(Continued) 5. My/Our address for service in Trinidad and Tobago is: IIWc declare that to the bes t of my/our knowledge the information given in this Form and in the annex(es) is complete and correct. t Signature(s) (Place/date) (Place/date) To: The Controller, Intellectual Property Office Ministry of Legal Affairs Port-of-Spain. Chap. 82:75 65 [Substdluey] L.RD . 112006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 66 [SubsidinryJ Chap. 82:75 General LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties Pro tect ion oINew Plan/ T1arie/ies Regula/ion .• INSTRUCTIONS FORM NO.7 * State the number under which the plant breeder 's right has been registered by the Intellectual Property Office . t State name (in block letters ) under signature(s) . Date should be written in the year. month. date order (for example 99-01-10). Item 1 State whether 10 me best of your knowledge me plant breeder's right is subsisting or has expired. If expired, state also the date of expiration, if known. Item 2 State the name (s) and addressees) of the person(s) making the request. Item 3 Where me right is subsisting state me namer s) and addressees) of me rightholder(s). Where the right is expired the name(s) and addressees) of the former rightholder(s) should be stated. Item 4 Details of the ground(s) relied on for making this request should be stated under tins Item . Alternatively, if a statement of the grounds is attached, please state. Please refer to sections 19 and 33 of the Protection of New Plaut Varieties Act. Item 5 Please refer to re gulation 28 of the Protection of New Plant Varieties Regul ati ons . UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Prot ootton of Now Plant vartottos Regulations Chap. 82:75 67 [Su bstdluey] FORM NO.8 PROTEr-TlON OF NEW PLANT VARIETIES Ar-T WH. 82,75) INTELLECTUAL PROPERTY OFFICE, TRINIDAD AND TOBAGO For Official Use FileNo. : Date of Receipt: REQUEST FOR FORliEITURE OF I'LANT BREEDER'S RIGHT (To be accompanied by a duplicate) REQUEST IS HEREBY MADE that plant breeder' s right registration number" be decla red null and void. I. Name(s) and address(es) of person(s) making the request: 2. Name(s) and address(es) of rightholder(s): 3. (a) The ground(s) for the request is/are as follows: (h) J J A w ritten statement of the grounds for my/our request is attached 4. My/OUf address for service inTrinidad andTobago is: I1We declare that to the best of my/our knowledge the information given in this Form and in the annex(es) is complete and correct t Signature(s) (Pl ace/da te) (Place/date) To: The Controller, Intellectual Property Office Ministry of Legal Affairs Port-of-Spain. Regulation 15(2). L.RD. UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 68 [SubsidinryJ Chap. 82:75 General LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties Pro tection oINew Plan/ T1a rie/ ies Regula/ion.• INSTRUCTIONS FORM NO . 8 * State the number under which the plant breeder 's right has been registered by the Intellectual Property Uffice. t 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 namers) and addressees) of the personrs) making the request. Item 2 State the name(s) and addressees) of the rightholderts). Item 3 Details of the ground(s) relied on for making this request should be stated under this Item. Alternatively, if a statement of the groundrs) is attached, please state. Item 4 Please refer to regulation 28 of the Protection of New Plant Varieties Regulations . UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Proto otton of Now Plant vartottos Regulations FORM NO.9 Chap. 82:75 69 [Su bstd luey] Regulation 16. PROTECTION OF NEW "LANT VARIETIES ACT (CII. R2:75l INTELLECTUAL PROPERTY OFFICE, TRINIDAD AND TOBAGO For Official Use FileNo.: Date of Receipt: REQUEST FOR CANCELLATION OF REGISTERED VARIETY DENOMINATION (To be made in duplicate) REQUEST IS HEREBY IvIADE that the variety denomination regist ered as number" be cancelled. 1. Name(s) and address(es) of person(s) making the request: 2. Nature of the right(s)/interest(s) of person(s) making the request: I I entitled to offer for sale or market the variety I I holder(s) of plant breeders right I I other (please specify) 3. (a) The ground(s) for the request is/are as follows: (h) I I A written statement of the ground(s) for my/our request i~ attached (c) I / Evidence in support of the ground(s) for this request is attac hed 4. Name(s) and address(es) of owner(s) of variety: L.RD. 112006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 70 [Subsidinry] Chap. 82:75 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties Pro tection oINew Plan/ T1arie/ ies Regula/ion.• FORM NO . 9-(Continued) I1We declare that to the best of my!our knowledge the information given in this Form is complete and correct. t Signature(s) . . . . .. . . . . . . . . .. . . . .. . . . . . .. . .. . . . . . .. . . . . . . . .. . .. . . . . . . . ... . . . . . (Place!date) . .. . .... ... .. ... ... .. ... .. .. ... ... .. . ... .. ... ... .. ... . .. . ... .. ... (Place/date) To: The Controller, Intellectual Property Office Mini stry of Legal Affair s Port-of-Spain. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Prot ootton of No w Plant varto ttos Regulations INSTRUCTIONS FOR M NO. 9 General Chap. 82:75 71 [Substdluey] * State the number under which the plant breeder's right has been registered by the Intellectual Property Office . t State name (in block letter s) 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. Item 2 The nature of the right(s) or intcrcstr s) of the pcrsonr s) making this request should be stated. If the person making the request is not the holder of lhe registered right. please state whether the right holder has agreed to the cancellation of the right or has participated in cancellation proceedings. Item 3 Details of the ground(s) relied on for making this request should be stated. Alternatively if a statement or evidence of the ground/e) is attached , please state. Please refer to section 28 of the Protection of New Plant VarietiesAct. Item 4 The name(s) and address(es) of the owner(s) of the variety should be stated. if different from ltem 1. L.RD . 112006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 72 [SubsidinryJ Regulation 20(1). Chap. 82:75 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties Pro tection oINew Plan/ T1arie/ ies Regula/ion.• FORM NO. 10 PROTEf:T10N OF NEW PLANT VARIETIES Af:T WH. R2:75) INTELLECTUAL PROPERTY OFFI CE , TRINIDAD AND TOB AGO For Official Use FileNo.: Date of Filing: OPPOSITION (To be ac companied by a duplicate and the prescribed fee) IN THE l'vIATTER OF the application number" for grant of a plant breeder's right 1. I1W" of hereby give notice of my/our intention to oppose the grant of a plant breeder 's rig ht application num ber" ............... ...... which was published under the above number in the periodical of the .................... day of ............................... 20...... No. page 2. (a) The grounds of oppos ition are as follows: (h) / / A written statement of the grounds for my/reques t is attached (e) / / Eviden ce in support of the grou nds for the request is attached 3. My/Ou r address for service in Trinidad and Tobago is: UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Proto otton of Now Plant vartottos Regulations FORM NO. lO-(Conlinued) I1We declare that to the best of my/our knowledge the information given in this Form and in annex(es) is complete and correct. tSignature(s) (Place/date) (Pluce/dute) To: The Controller, Int ellectual Property Office Mlnlstry of Legal Affai rs Port-of-Spain. Chap. 82:75 73 [Su bstd luey] L.RD. 112006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 74 [SubsidinryJ Chap. 82:75 General LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties Pro tection oINew Plan/ T1arie/ ies Regula/ion.• INSTRUCTIONS FORM NO. 10 % Stare the numher whic h has heen allo trerl to the ap plication for plant hreed ers right by the Intellectual Prope rty Office. t State name (in block letters) under signature(s) . Dates should be written in the year, month, date order (for example 99-0 1-10). Please refer to sect ion 32(2) of the Protection of New Plant Varieties Ac t befo re filling in this Form. Item 1 State the name(s) and address(es) of the person(s) filing this opposit ion. State also the particulars of the periodical in which the applicat ion for plant breeder's right was published by the Intellectual Property Office. Item 2 State in de tail lil t: gro unds un whic h lil t: applica tion is opposed. Alterna tive ly, attac h a statement of the grounds. If evidence in support of the ground(s) is attached , please sta te. Item 3 Please refer to reg ulation 28 of the Protection of New Plant Varieties Regulations. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Pro tootton of No w Plant vartottos Regul a tions Chap. 82:75 75 [Substdluey] FORM NO. II PR OTECTI ON OF NEW PLANT VARIETIES ACT (CII . 82:75) INTELLECTUAL PROPERTY OFFICE, TRINIDAD AND TOBAGO For Official Use Date of Receipt: REQUEST FOR THE REGISTRATION OF A LICENCE CONTRACT OR COMPULSORY LICENCE (To be accompanied by the prcacribcd fcc) REQUEST IS HEREBY MADE for the registration of a / / Licence CUIIlraCL / / Compulsory Licence the parti culars of which are as follows: I. Nam e(s) and address(es) of person(s) makin g the request: 2. Applicant(s)IR ightholder(s) name(s) and address(es): 3. Numb er of I I app lication for the grant of a plan t breeder's right I I registered plant breeder's right 4. Document/s) attached: I I original or cert ified copy of licence contract I I office copy of the Order of the Court I I other documents relating to the licence UPDATED TO DECEMBER 31ST 2009 Regulations 22 and 24(1). L.RD. 112006 MINISTRY OF LEGAL AFFAIRS 76 [SubsidinryJ Chap. 82:75 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties Pro tection oINe'" Plan/ T1arie/ ies Regula/ion.• FOR M N O. ll - (Confinued) I1Wedeclare that to the best of myJour knowledge the information given In this Form and In the annex(es) is com plete and correct. "'Signature(s) (Place/da te) (PlaceJdate) ApplicantiHolder (PlaceJdate) ApplicantiHolder (PlaceJdate) To: The Controller, Intellectual Property Office Ministry of Legal Affairs Port-of-Spain. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Prot ootton of Now Pla nt vartottos Regulations INSTRUCTIONS FORM NO. 11 General Chap. 82:75 77 [Su bs td luey] * State name (in block letters) under signature(s). Tills request must be SIgned both by the persorus) making the request and the applicanus ) or holder(s) of the plant breeder 's right Tills Form may be used to request registration of any of the types of licences mentioned in the Form. For the particular legal provisions relevant to each type of licence , please consult Pan XIV of the Protection of New Plant Varieties Act, particularly sections 39 to 42 and section 44 of the Act Dales should be written ill the yt:ill, mouth, date UIUta (Iot example 99-01-10). Item I State the name(s) and addressees) of the person(s) making the request Hem 2 Delete whichever is not applicable . Where the request is made in respect of an application for a plant breeder's right , state the name(s) and addressees) of the applicant(s). Where the request is made in respect of a plant breeder's right state the name(s) and addressees) of the holder(s) of the right Hem 3 State either the number which has been allotted to the application for plant breeder's right or the number under whic h the plant breeder' s right has been registered by the Intellectual Property Office. Hem 4 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 prescribed fee is payable in respect of both requests. L.RD . 112006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 78 [Subsidinryl Chap. 82:75 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties Pro tection oINew Plan/ T1arie/ ies Regula/ion.• Regulation 23. FORM NO . 12 PROTECTION OF NEW PL ANT VARIETIES ACT (CH. 82:75) INTELLECTUAL PROPERTY OFFICE , TRINIDAD AND TOB AGO For Official Use FileNo.: Date of Receipt: REQUEST FOR CANCELLATION OF REGISTERED LICENCE OF RIGHT REQUEST IS HEREBY MADE that entry numb er* in the Register be cancelled. l. Name(s) and addressees) of person(s) making the request: 2. Numbe r of / / registered plant breeder's right / / applicatio n for plant breeder's right 3. (a) The grounds for the request are as follows : (b) / / A written statement of the grounds for my/our request is attached (c) / / Evidence in support of the grounds for the request is attached 4 . Nau iet s) aud auwt: ~~( t:~ ) of beueficiaiy ries) aud whether or not they have agreed to the cancellation of the entry / / Evidence of agreement is attached UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Protection ofNew Plant Varieties Prot ootton of No w Plant varto ttos Regulations FORM NO. 12~(Conlinued) I1We declare that to the best of my/our knowledge the information given in this Form and in the annex(es) is complete and correct. t Signature(s) (Place/date) (Place /date) To: The Controller, Intellectual Property Office Mlnlst ry of Legal Affai r" Port-of-Spain. Chap. 82:75 79 [Substdluey] L.RD . 112006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 80 [SubsidinryJ Chap. 82:75 General LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Protection ofNew Plant Varieties Protection oINew Plan/ T1arie/ies Regula/ion.• INSTRUCTIONS FORM NO. 12 * State the number of the entry in the Register of Plant Breeder's Right which IS to be cancelled. t 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 43 of the Protection of New Plant VarietiesAct and regulation 23 of the Protection of New Plant Varieties Regulations, before completing this Form. Item 1 State the name(s) and addressees) of the person(s) making this request. Where the request is made in respect of an application for a plant breeder's right state the name(s) and addressees) of the applicant(s) . Where the request is made in respect of a plant breeder 's right state the name(s) and addressees) of the holder(s) of the right. Item 2 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. It em 3 Details of the ground(s) relied on for making tins request should be stated. Alternatively, if a statement or evidence of the grounds is attached, please state. Item 4 If the person making the request is not the holder of tile plant breeder's right, please signify the name(s) and addressees) of each beneficiary and whether or not they have agreed to this request. The Controller may request evidence of agreement. If so, please state whether such evidence is attached. UPDATED TO DECEMBER 31ST 2009