| An Ordinance to provide for the protection of plant varieties. [24 October 1997] L.N. 492 of 1997 (Originally 21 of 1996) Cap 490 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Plant Varieties Protection Ordinance. (2) (Omitted as spent) Cap 490 s 2 Interpretation Remarks: Amendments retroactively made-see 25 of 1998 s. 2 In this Ordinance, unless the context otherwise requires- "applicant" (申请人), in relation to any application, means the person by whom or on whose behalf that application is made; "application" (申请) means- (a) an application for a grant; and (b) an application for a declaration under section 31(1)(b);"court" (法院) means the Court of First Instance; (Amended 25 of 1998 s. 2) "denomination" (名目), in relation to any protected variety, or any variety that was a protected variety until the grant made in respect of it expired, means the distinguishing name or identification approved for that variety by the Registrar under section 18(2)(a); "grant" (授权证) means a grant of plant variety rights under this Ordinance; "grantee" (承授人) means the holder of a grant and, in relation to a protected variety, means the holder of a grant in respect of that variety; "owner" (拥有人), in relation to any variety, means- (a) a person who bred or discovered and developed that variety; (b) an agent of that person; (c) a successor to that person;"plant" (植物) means- (a) any multicellular vascular organism with a root system; (b) any algae; (c) any fungi;"prescribed" (订明) means prescribed or provided for by regulations made under section 42; "protected variety" (受保护品种) means a variety in respect of which a grant is in force; "publication" (公布) means public notification, and includes public notification in the Gazette; "register" (注册纪录册) means the Register of Plant Variety Rights maintained under section 8(1); "Registrar" (处长) means the Registrar of Plant Variety Rights; "reproductive material" (生殖材料), in relation to any variety, means any portion of a plant of that variety by means of which plants of that variety may be reproduced or propagated; and means spores and seeds; "sale" (售卖) includes any disposition for valuable consideration and any offer for sale, and "sell" and "sold" (出售) have corresponding meanings; "term" (有效期) means the period that a grant is in force under section 22; "UPOV country" (联盟成员国) means a country that is a member State of the International Union for the Protection of New Varieties of Plants, constituted pursuant to the international agreement called the International Convention for the Protection of New Varieties of Plants; "variety" (品种) means a cultivar of a plant to which this Ordinance, by virtue of section 4 and the Schedule, applies, and means any clone, hybrid, stock, or line, of such a plant, but does not mean a botanical variety of such a plant. Cap 490 s 3 Binding effect of Ordinance This Ordinance binds the Government. Cap 490 s 4 Application (1) This Ordinance applies to the plants listed in the Schedule. (2) The Secretary for Health, Welfare and Food may, by notice in the Gazette, amend the Schedule. (Amended 78 of 1999 s. 7; L.N. 106 of 2002) Cap 490 s 5 Registrar of Plant Variety Rights PART II REGISTRAR OF PLANT VARIETY RIGHTS AND REGISTER (1) The Director of Agriculture, Fisheries and Conservation shall be the Registrar of Plant Variety Rights for the purposes of this Ordinance. (Amended L.N. 331 of 1999) (2) The Registrar may authorize in writing any public officer to perform or exercise all or any of the functions which are imposed or conferred on him by this Ordinance. Cap 490 s 6 Appeals against decisions of the Registrar Except as otherwise prescribed, an appeal lies to the court, to the extent and in the manner provided in Part IV, against any decision of the Registrar made under this Ordinance. Cap 490 s 7 Registrar not liable in respect of official acts (1) The Registrar shall not be taken to warrant the correctness or validity of the registration of a plant variety right under this Ordinance or under any international agreement, or convention, which has been applied to Hong Kong. (2) The Registrar is not subject to any liability by reason only of the fact of any examination required or authorized by this Ordinance, or any such international agreement or convention, or any report or other proceedings consequent on such examination. (3) No proceedings lie against any public officer authorized by the Registrar under section 5(2) in respect of any matter for which, by virtue of this section, the Registrar is not liable. Cap 490 s 8 Register to be maintained (1) The Registrar shall maintain a register called the Register of Plant Variety Rights. (2) There shall be entered in the register- (a) notice of every decision of the Registrar to make or decline to make a grant of a plant variety right; |
