Plant Varieties Act 1997
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Change 1
22 Cancellation.
(1) The Controller may terminate the period for which a grant of plant breeders’ rights has effect if— (a) he is satisfied that the protected variety no longer meets the criterion specified in paragraph (b) or (c) of section 4(2) above, (b) it appears to him that the holder of the rights is no longer in a position to provide him with the propagating material mentioned in section 16(1) above, (c) he is satisfied that the holder of the rights has failed to comply with a request under section 16(2) above, or (d) on application by the holder of the rights, he is satisfied that the rights may properly be surrendered. (2) Before determining an application under subsection (1)(d) above, the Controller shall— (a) give notice of the application in the manner prescribed by regulations made by the Ministers, and (b) follow the procedure so prescribed for hearing any person on whom the right to object is conferred by such regulations. (3) If the Controller is satisfied, not only that the protected variety no longer meets the criterion specified in paragraph (b) or (c) of section 4(2) above, but also that it ceased to do so at some earlier date, he may make the termination retrospective to that date.
22 Cancellation.
(1) The Controller may terminate the period for which a grant of plant breeders’ rights has effect if— (a) he is satisfied that the protected variety no longer meets the criterion specified in paragraph (b) or (c) of section 4(2) above, (b) it appears to him that the holder of the rights is no longer in a position to provide him with the propagating material mentioned in section 16(1) above, (c) he is satisfied that the holder of the rights has failed to comply with a request under section 16(2) above, or (d) on application by the holder of the rights, he is satisfied that the rights may properly be surrendered. (2) Before determining an application under subsection (1)(d) above, the Controller shall— (a) give notice of the application in the manner prescribed by regulations made by the Ministers, and (b) follow the procedure so prescribed for hearing any person on whom the right to object is conferred by such regulations. (3) If the Controller is satisfied, not only that the protected variety no longer meets the criterion specified in paragraph (b) or (c) of section 4(2) above, but also that it ceased to do so at some earlier date, he may make the termination retrospective to that date.
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