عن الملكية الفكرية التدريب في مجال الملكية الفكرية إذكاء الاحترام للملكية الفكرية التوعية بالملكية الفكرية الملكية الفكرية لفائدة… الملكية الفكرية و… الملكية الفكرية في… معلومات البراءات والتكنولوجيا معلومات العلامات التجارية معلومات التصاميم الصناعية معلومات المؤشرات الجغرافية معلومات الأصناف النباتية (الأوبوف) القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية مراجع الملكية الفكرية تقارير الملكية الفكرية حماية البراءات حماية العلامات التجارية حماية التصاميم الصناعية حماية المؤشرات الجغرافية حماية الأصناف النباتية (الأوبوف) تسوية المنازعات المتعلقة بالملكية الفكرية حلول الأعمال التجارية لمكاتب الملكية الفكرية دفع ثمن خدمات الملكية الفكرية هيئات صنع القرار والتفاوض التعاون التنموي دعم الابتكار الشراكات بين القطاعين العام والخاص أدوات وخدمات الذكاء الاصطناعي المنظمة العمل مع الويبو المساءلة البراءات العلامات التجارية التصاميم الصناعية المؤشرات الجغرافية حق المؤلف الأسرار التجارية أكاديمية الويبو الندوات وحلقات العمل إنفاذ الملكية الفكرية WIPO ALERT إذكاء الوعي اليوم العالمي للملكية الفكرية مجلة الويبو دراسات حالة وقصص ناجحة في مجال الملكية الفكرية أخبار الملكية الفكرية جوائز الويبو الأعمال الجامعات الشعوب الأصلية الأجهزة القضائية الموارد الوراثية والمعارف التقليدية وأشكال التعبير الثقافي التقليدي الاقتصاد التمويل الأصول غير الملموسة المساواة بين الجنسين الصحة العالمية تغير المناخ سياسة المنافسة أهداف التنمية المستدامة التكنولوجيات الحدودية التطبيقات المحمولة الرياضة السياحة ركن البراءات تحليلات البراءات التصنيف الدولي للبراءات أَردي – البحث لأغراض الابتكار أَردي – البحث لأغراض الابتكار قاعدة البيانات العالمية للعلامات مرصد مدريد قاعدة بيانات المادة 6(ثالثاً) تصنيف نيس تصنيف فيينا قاعدة البيانات العالمية للتصاميم نشرة التصاميم الدولية قاعدة بيانات Hague Express تصنيف لوكارنو قاعدة بيانات Lisbon Express قاعدة البيانات العالمية للعلامات الخاصة بالمؤشرات الجغرافية قاعدة بيانات الأصناف النباتية (PLUTO) قاعدة بيانات الأجناس والأنواع (GENIE) المعاهدات التي تديرها الويبو ويبو لكس - القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية معايير الويبو إحصاءات الملكية الفكرية ويبو بورل (المصطلحات) منشورات الويبو البيانات القطرية الخاصة بالملكية الفكرية مركز الويبو للمعارف الاتجاهات التكنولوجية للويبو مؤشر الابتكار العالمي التقرير العالمي للملكية الفكرية معاهدة التعاون بشأن البراءات – نظام البراءات الدولي ePCT بودابست – نظام الإيداع الدولي للكائنات الدقيقة مدريد – النظام الدولي للعلامات التجارية eMadrid الحماية بموجب المادة 6(ثالثاً) (الشعارات الشرفية، الأعلام، شعارات الدول) لاهاي – النظام الدولي للتصاميم eHague لشبونة – النظام الدولي لتسميات المنشأ والمؤشرات الجغرافية eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange الوساطة التحكيم قرارات الخبراء المنازعات المتعلقة بأسماء الحقول نظام النفاذ المركزي إلى نتائج البحث والفحص (CASE) خدمة النفاذ الرقمي (DAS) WIPO Pay الحساب الجاري لدى الويبو جمعيات الويبو اللجان الدائمة الجدول الزمني للاجتماعات WIPO Webcast وثائق الويبو الرسمية أجندة التنمية المساعدة التقنية مؤسسات التدريب في مجال الملكية الفكرية الدعم المتعلق بكوفيد-19 الاستراتيجيات الوطنية للملكية الفكرية المساعدة في مجالي السياسة والتشريع محور التعاون مراكز دعم التكنولوجيا والابتكار نقل التكنولوجيا برنامج مساعدة المخترعين WIPO GREEN WIPO's PAT-INFORMED اتحاد الكتب الميسّرة اتحاد الويبو للمبدعين WIPO Translate أداة تحويل الكلام إلى نص مساعد التصنيف الدول الأعضاء المراقبون المدير العام الأنشطة بحسب كل وحدة المكاتب الخارجية المناصب الشاغرة المشتريات النتائج والميزانية التقارير المالية الرقابة
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القوانين المعاهدات الأحكام التصفح بحسب الاختصاص القضائي

نيوزيلندا

NZ107

عودة للخلف

Plant Variety Rights Act 1987 (reprint as at 03 September 2007)


Plant Variety Rights Act 1987

Public Act 1987 No 5 Date of assent 21 February 1987

Contents

Page Title 2 1 Short Title and commencement 3 2 Interpretation 3 3 Application [Repealed] 5 4 Act to bind the Crown 5

Part 1 Grants of plant variety rights

5 Applications 5 6 Objections before grant 7 7 Withdrawal or lapse of applications 8 8 Inspection of applications 8 9 Provisional protection 8 10 Making of grants 9 11 Varieties bred or discovered by 2 or more persons 11

independently 12 Priorities resulting from earlier overseas applications 11 13 Cancellation of grants because of earlier overseas 12

applications 14 Date and term of grants 13 15 Objections after grant 13 16 Cancellation of grants 13 17 Rights of grantees 15 18 Exceptions to granteesrights 17 19 Licences 17 20 Notice of protection 17 21 Compulsory licences and sales 18

Note This Act is administered by the Ministry of Economic Development.

1

22 Use of denomination 19

Part 2 Appeals

23 Rights of appeal 20 24 Appeals to be made to District Court 21 25 Assessors 21 26 Procedure 22 27 Suspension of decision while appeal pending 23

Part 3 Plant Variety Rights Office

28 Plant Variety Rights Office 23 29 Seal of Office 23 30 Commissioner, Assistant Commissioners, and officers 24 31 Officersandemployeesnottoacquireinterestsingrants 24 32 Advisory and technical committees, and technical 25

advisors 33 Delegations 26 34 Plant Variety Rights Journal 27

Part 4 Miscellaneous provisions

35 Service of notices, etc 27 36 Fees and refunds 27 37 Offences and penalties 28 38 Regulations 29 38A Orders in Council as to convention parties 30 39 Transitional provisions 30 40 Consequential amendment [Repealed] 31 41 Repealed and revocations [Repealed] 31

Schedule 31 Plants to which this Act applies

[Repealed]

AnActtoconsolidateandamendthelawrelatingtothegranting of proprietary rights in respect of plant varieties

BEITENACTEDbytheParliamentofNewZealandasfollows:

1 Short Title and commencement

(1)
This Act may be cited as the Plant Variety Rights Act 1987.
(2)
This Act shall come into force on a day to be fixed by the GovernorGeneral by Order in Council.

2 Interpretation

In this Act, unless the context otherwise requires,

Applicant,inrelationtoanyapplication,meansthepersonby whom or on whose behalf that application is made Application , except in section 12 of this Act, means an

application for a grant Assistant Commissioner means an Assistant Commissioner

ofPlantVarietyRightsappointedundersection 30(1)(b) ofthis Act: Commissioner means the Commissioner of Plant Variety

Rights appointed in accordance with section 30(1)(a) of this Act; and includes an Assistant Commissioner Conventionparty means an entity that for the time being

(a)
Is declared by an order under section 38A to be a convention party for the purposes of this Act; or
(b)
Is a contracting party to the body that, on the commencementofthe PlantVarietyRightsAmendment Act 1999, was known as the International Union for the Protection of New Varieties of Plants (constituted under the international agreement then called the International Convention for the Protection of New Varieties of Plants):

Convention party: this definition was inserted, as from 14 October 1999, by section 2(2) Plant Variety Rights Amendment Act 1999 (1999 No 122).

Denomination, 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 Commissioner under section 10(2)(a) of this Act

DirectorGeneral[Repealed]

DirectorGeneral: this definition was repealed, as from 1 August 1990, by section 2(1) Plant Variety Rights Amendment Act 1990 (1990 No 82).

[Repealed]

Grant means a grant of plant variety rights under this Act Grantee means the holder of a grant; and, in relation to a protectedvariety,meanstheholderofagrantinrespectofthat variety

International agreement[Repealed]

InternationalAgreement: thisdefinitionwasrepealed,asfrom14October1999, by section 2(2) PlantVariety Rights Amendment Act1999 (1999 No 122).

[Repealed]

JournalmeansthePlantVarietyRightsJournalrequiredtobe

published by section 34(1) of this Act Minister means the Minister of the Crown for the time being responsible for the administration of this Act Minister: this definition was substituted, as from 1 August 1990, by section

2(1) Plant Variety Rights Amendment Act 1990 (1990 No 82).

Ministry means the department of State for the time being responsible for the administration of this Act Ministry: this definition was substituted, as from 1 August 1990, by section

2(1) Plant Variety Rights Amendment Act 1990 (1990 No 82).

OfficemeansthePlantVarietyRightsOfficeestablishedunder

section 28(1) of this Act Owner,inrelationtoanyvariety,meansapersonwhobredor discoveredthatvariety,andincludesasuccessorofthatperson

Plant

(a)
Includes a fungus; but
(b)
Does not include an alga or a bacterium:

Plant: thisdefinitionwassubstituted,asfrom1July1994,bysection2(1)Plant Variety Rights Amendment Act 1994 (1994 No 52).

Protectedvariety meansavarietyinrespectofwhichagrant

is in force Publication means public notification; and includes publication in the Journal

Reproductive material, inrelationtoanyvariety, meansany portion of a plant of that variety by means of which plants of that variety may be reproduced or propagated; and includes spores, seeds, and whole plants Sale includes any disposition for valuable consideration and any offer for sale; and sell and sold have corresponding meanings

Secretary means the chief executive of the Ministry Secretary: this definition was inserted, as from 1 August 1990, by section 2(1) Plant Variety Rights Amendment Act 1990 (1990 No 82).

UPOV country[Repealed]

UPOV country: this definition was repealed, as from 14 October 1999, by section 2(2) Plant Variety Rights Amendment Act 1999 (1999 No 122).

[Repealed]

Variety means a cultivar, or cultivated variety,of a plant, and includes any clone, hybrid, stock, or line, of a plant; but does not include a botanical variety of a plant. Variety: this definition was substituted, as from 1 July 1994, by section 2(2)

Plant Variety Rights Amendment Act 1994 (1994 No 52). Compare: 1973 No 37 s 2

3 Application

[Repealed]

Section3wasrepealed,asfrom1July1994,bysection2(3)PlantVarietyRights Amendment Act 1994 (1994 No 52).

4 Act to bind the Crown

This Act shall bind the Crown. Compare: 1973 No 37 s 3

Part 1 Grants of plant variety rights 5 Applications

(1)
Every application shall be made on a form approved by the Commissioner; and shall
(a)
Be accompanied by
(i)
Thequantityofseed(ifany)prescribedinrespect of varieties of the kind concerned; and
(ii)
A technical questionnaire, supplied by the Commissioner and completed by the applicant, in respect of the botanical taxon to which the subject of the application belongs; and
(iii) Where required by regulations made under section 38 ofthisAct,colourphotographs ofmaterialofthevarietytowhichtheapplicationrelates; and
(b)
Be completed and signed by or on behalf of the applicant; and
(c)
Nominate an address for service in relation to that application (beingan address within New Zealand); and
(d)
Be accompanied by the prescribed application fee.
(2)
Within the prescribed period after making an application, the applicant shall give to the Commissioner
(a)
If required by the Commissioner, and in such detail as the Commissioner requires, a description
(i)
Of the origin and breeding of the variety concerned; and
(ii)
OnaformprovidedbytheCommissionerforthe purpose,of thebotanicalfeaturesofthatvariety; and
(iii) Of those aspects of that variety that, in the opinion of that applicant, distinguish it from those other varieties whose existence was a matter of common knowledge at the time of that application; and
(b)
A proposed denomination for that variety; and
(c)
The prescribed trial or examination fee.
(3)
WithintheprescribedperiodafterbeingrequestedbytheCommissionertodoso,anapplicantshallgivetotheCommissioner either or both of the following in relation to the application concerned:
(a)
Such reproductive material of the variety concerned as the Commissioner specifies:
(b)
Any other information that the Commissioner thinks relevant to that application and requests from that applicant.
(4)
Anapplicationthatcomplieswithsubsection (1) ofthissection atthetimeitisreceivedattheOfficeshall,forthepurposesof this Act, be deemed to be made at that time.
(5)
An application that does not comply with subsection (1) of this section at the time it is received at the Office shall, for
the purposes of this Act, be deemed to be made at the time at which it first complies with that subsection while being held at the Office.
(6)
Ifsatisfiedthatanapplicationcomplieswithsubsection (1) of this section, the Commissioner shall
(a)
NotifyintheJournalthemakingofthatapplication;and
(b)
Advise the applicant accordingly.

(7) The Commissioner shall notify in the Journal every proposed denomination for a varietygiven to the Commissionerbyany applicant that, in the opinion of the Commissioner, complies with the prescribed requirements. Compare: 1973 No 37 ss 14, 15(4), 16 Subsection(1)wassubstituted,asfrom2September1996,bysection2(1)Plant Variety Rights Amendment Act 1996 (1996 No 141).

Subsection (2)(a) was amended, as from 2 September 1996, by section 2(2) Plant Variety Rights Amendment Act 1996 (1996 No 141) by substituting the wordsIf required by the Commissioner, and infor the word In.

6 Objections before grant

(1)
Any person who considers that the Commissioner should not approveaproposeddenominationnotifiedintheJournalmay, within 3 months of its notification, by notice in writing to the Commissioner, object to the approval of that name.
(2)
Any person who considers that an application has been made by or on behalf of an applicant who is not an owner of the variety concerned may, at any time before a grant is made to the applicant in respect of that variety, by notice in writing to the Commissioner, object to the making of a grant in respect of that variety to the applicant.
(3)
Any person who considers that an application has been made in respect of a variety that is not new, distinct, stable, and homogeneous (as required by section 10 of this Act) may, at any time before a grant is made in respect of that variety, by noticeinwritingtotheCommissioner,objecttothemakingof a grant in respect of that variety.
(4)
If an objection is made under this section, the Commissioner shall not make a grant in respect of the variety concerned be

foregivingtheapplicantconcernedandtheobjectorareason able opportunity to be heard. Compare: 1973 No 37 s 19

7 Withdrawal or lapse of applications

(1)
Any application may be withdrawn by the applicant at any time before a grant is made in respect of it.
(2)
The withdrawal of an application shall not affect the liability oftheapplicantforanyfeesthatmayhavebecomepayableup to the date of that withdrawal.
(3)
IfanyinformationormaterialrequiredtobegiventotheCom missioner under subsection (2) or subsection (3) of section 5 of this Act is not supplied within the prescribed period, the application concerned shall lapse upon the expiration of that period. Compare: 1973 No 37 s 13(2)

8 Inspection of applications After an application is made, the Commissioner shall hold it and any document, instrument, or photograph accompanying itandanydocumentorinstrumentsuppliedsubsequentlypur suant to subsection (2) or subsection (3) of section 5 of this Act (or a copy of that document, instrument, or photograph, certified bythe Commissioner to be a true copy) availablefor publicinspectionduringordinarybusinesshoursoftheOffice. Compare: 1973 No 37 s 16 Section8wassubstituted,asfrom2September1996,bysection3PlantVariety Rights Amendment Act 1996 (1996 No 141).

9 Provisional protection

(1)
Subject to subsection (2) of this section, on and after the day on which an application is made, the applicant shall have the samerightstotakeproceedingsunderthisActasifonthatday agranthadbeenmadetotheapplicantinrespectofthevariety concerned.
(2)
The rights conferred by subsection (1) of this section shall be deemed never to have been conferred if
(a)
The application concerned is withdrawn or lapses; or
(b)
The Commissioner declines to make a grant in respect

of that application. Compare: 1973 No 37 s 18

10 Making of grants

(1)
The Commissioner shall
(a)
Subject to sections 11 and 31(2) of this Act, make a grant in respect of every application that is eligible for the making of a grant; and
(b)
Decline to make a grant in respect of every application that is not eligible for the making of a grant.
(2)
An application shall be eligible for the making of a grant if, and only if, the applicant has given the Commissioner all reproductive material of the variety concerned requested by the Commissioner, and the Commissioner
(a)
Hasapprovedforthatvarietyadenominationproposed by the applicant; and
(b)
Issatisfiedthatthatapplicantisanownerofthatvariety; and
(c)
Has received the prescribed fee; and
(d)
Is satisfied that that variety is new, distinct, homogeneous, and stable.
(3)
TheCommissionershallapproveaproposeddenominationfor avarietyif,andonlyif,intheopinionoftheCommissioner,it complies with the prescribed requirements.
(4)
For the purposes of subsection (2)(d) of this section,
(a)
Subject to subsection (6) of this section, a variety is new if there has been no sale of that variety with the agreement of any relevant owner of that variety
(i)
InNewZealand,formorethan12monthsbefore thedateonwhichthatapplicationwasmade;and
(ii)
Overseas, for more than 6 years before that date in the case of a woody plant, or for more than 4 years before that date in every other case:
(b)
A variety is distinct if it is distinguishable by one or more characteristics from any other variety whose existence was a matter of common knowledge when the application concerned was made.
(c)
A variety is stable if, in its essential characteristics, it remains true to its description
(i)
Where the applicant concerned has described particular cycles of reproduction or multiplication for that variety, at the end of each such cycle; and
(ii)
Ineveryothercase,afterrepeatedpropagationor reproduction.
(5)
In determining, for the purposes of subsection (2)(d) of this section, whether or not the Commissioner is satisfied that a variety is homogeneous, the Commissioner shall have regard to the particular features of its sexual reproduction or vegetative propagation (whichever is applicable to it).
(6)
Where, to increase the stock of a variety or for evaluation trialsortestsofavariety,itsownermakesarrangementsunder which
(a)
Reproductive material of that variety is to be sold to or used by some other person; and
(b)
Any unused portion of that reproductive material, and all the material of any sort produced from that reproductive material, is
(i)
Tobesoldtothatowner,bythatotherperson;or
(ii)
Otherwise to become the property of that

owner,forthepurposesofsubsection (4)(a) ofthissection,noaccount shall be taken of any sale under that arrangement of

(c)
Reproductive material of that variety by that owner to that other person; or
(d)
Materialofanysortofthatvarietybythatotherperson to that owner.

(7) Forthepurposesofsubsection (2)(d) ofthissection,avariety doesnotceasetobenewbyvirtueonlyofthesaleatanytime of

(a)
Material that is not reproductive material; or
(b)
Reproductive material disposed of for purposes other

than reproduction,that, having been produced during the breeding, increase of stock, tests, or trials, of that variety, is not (or no longer) required for any of those activities.

(8) Forthepurposesofsubsection (4)(b) ofthissection,thecharacteristicsbywhichavarietymaybedistinguishedfromothers may be morphological, physiological, or of any other kind or description,solongasthosecharacteristicsarecapableofprecise description and recognition. Compare: 1973 No 37 s 15(1)

11 Varieties bred or discovered by 2 or more persons independently

Subject to section 12 of this Act, where

(a)
Beforeagrantismadeinrespectofavariety,2ormore applications in respect of that variety have been made; and
(b)
The Commissioner is satisfied that the 2 or more applicants concerned are persons who, or successors of persons who, bred or discovered that variety independently; and
(c)
TheCommissionerissatisfiedthat,butforthissection, each of those 2 or more applicants is or would be entitled to a grant in respect of that variety,

the Commissioner shall makeagrantto thatone ofthose 2 or more applicants whose application in respect of that variety was made first. Compare: 1973 No 37 s 13A(1), (2)

12 Priorities resulting from earlier overseas applications

1Where

(a) Any person makes an application for a grant in NewZealandinrespectofavarietyinrespectof which that person has earlier,

(i)
After a convention party that is a state, part of a state, or a territory for whose international relations a state is responsible most recently became a convention party, made in and under the law of that conventionpartyanequivalentapplication that has been accepted; or
(ii)
Afteraconventionpartythatisnotastate, part of a state, or a territory for whose

11

international relations a state is responsible most recently became a convention party,madeundertherulesofthatconvention party an equivalent application that has been accepted; and

(b)
That application for a grant in New Zealand is madenotmorethan12monthsafterthatequivalentapplication(or,ifmorethan1equivalentapplicationhasbeenmade,whetherinorunderthe rulesofseveralconventionparties,theearliestof them) was made; and
(c)
A claim for priority in relation to that equivalent application accompanies the application for a grant in New Zealand; and
(d)
Within 3 months of the making of that application for a grant in New Zealand, a copy of any documents constituting that equivalent application,certifiedascorrectbytheauthoritytowhich itwasmade,issubmittedtotheCommissioner,

sections 10(4)(b) and 11 of this Act shall apply to that applicationforagrantinNewZealandasif ithadbeen made when that equivalent application was accepted.

Compare: 1973 No 37 s 13A

Subsection (1)(a)and(b) wassubstituted,as from14October1999, by section 2(3) Plant Variety Rights Amendment Act 1999 (1999 No 122).

13 Cancellation of grants because of earlier overseas applications Where

(a)
After a grant is made to any person in respect of a variety, another person makes an application in respect of that variety; and
(b)
TheCommissionerissatisfiedthat,ifthatgranthadnot already been made, that other person would, by virtue ofsection 12 ofthisAct,beentitledtoagrantinrespect of that application,

theCommissionershallcancelthatgrant,andshallmakeanew granttothepersonwhowouldbeentitledtoitifthecancelled grant had never been made. Compare: 1973 No 37 s 13A(8)

14 Date and term of grants

(1)
The Commissioner shall seal every grant with the seal of the Office, and endorse it with the date of its making.
(2)
Except as otherwise provided in this Act, every grant shall be in force for a term (commencing on the day it is made)
(a)
Of23years,oranylongerperiodspecifiedinthatbehalf by the GovernorGeneral by Order in Council (made before,on,orafterthedaythatgrantismade,butbefore that grant expires), in the case of a woody plant or its rootstock; and
(b)
Of 20 years in every other case;and, unless sooner cancelled, shall then expire.
(3)
The Commissioner shall keep a register, and record in it the date and other prescribed particulars (if any) of every grant. Compare: 1973 No 37 s 20

15 Objections after grant

(1)
Any person who considers that a grant has been made in respectofavarietythatisnotnew,distinct,stable,andhomoge neous (as requiredbysection10of thisAct)mayat anytime, by notice in writing to the Commissioner, object to the continuation in force of that grant.
(2)
Any person who considers that a grant was made to a person whowasnotanownerofthatvarietymay,bynoticeinwriting totheCommissioner,objecttothecontinuationinforceofthat grant.
(3)
An objection under subsection (2) of this section may be ac companied by an application in respect of the variety concerned.

16 Cancellation of grants

(1)
The Commissioner may cancel a grant before the end of its term if so requested in writing by the grantee.
(2)
Subject to subsection (3) of this section, the Commissioner shall cancel a grant at any time during its term if satisfied
(a)
That any information supplied in the application concerned or in relation to that application was incorrect and that if the correct information had been known beforethatgrantwasmade,theCommissionerwouldhave declined to make that grant; or
(b)
Thatthevarietyconcernedwasnot,atthetimeoftheapplication concerned, new and distinct within the mean ing of section 10 of this Act; or
(c)
That that variety is not stable and homogeneous within the meaning of section 10 of this Act; or
(d)
That the grantee was not, at the time that grant was made, an owner of that variety; or
(e)
Thatthegranteeofthatvariety,afterbeingrequestedby theCommissionertoprovidetheCommissioner(within aperiodspecifiedbytheCommissioner)withreproductive material capable of producing that variety with its characteristics as described when the grant was made, has failed to do so; or
(f)
That that grantee, after being requested by the Commissioner to allow the Commissioner (within a period specifiedbytheCommissioner)toinspectthemeasures taken for the maintenance of that variety, or to provide documentsorinformationinrelationtothatvariety,has failed to do so; or
(g)
Thatanyannualgrantfeeinrelationtothegranthasnot been paid within the prescribed period; or
(h)
(3)
Beforecancellingagrantundersubsection (2) ofthissection, the Commissioner shall give the grantee written notice of intentiontodosoand,unlessthatgranteeshowssufficientcause within 28 days of the date of the notice why that grant should not be cancelled, shall cancel that grant on the expiration of that period.
(4)
Where
(a)
TheCommissionerhascancelledagrantundersubsec tion (2)(d) of this section; and
(b)
Any application (other than the application in respect ofwhichthatgrantwasmade)hasatanytime(whether before or after the making of that grant) been made in respect of the variety concerned,

theCommissionershalldealwithallapplicationsinrespectof that variety as if that grant had never been made. Compare: 1973 No 37 ss 13A(8), 20, 24

Subsection (2)(h) was repealed, as from 2 September 1996, by section 4 Plant Variety Rights Amendment Act 1996 (1996 No 141).

17 Rights of grantees

(1)
Subject to section 19 of this Act, a grantee shall have the ex clusive right
(a)
To produce for sale, and to sell, reproductive material of the variety concerned:
(b)
If that variety is a plant of a type specified by the GovernorGeneral by Order in Council for the purposes of thisparagraph,topropagatethatvarietyforthepurposes of thecommercial production of fruit, flowers, or other products, of that variety:
(c)
Subject to any terms and conditions that grantee specifies, to authorise any other person or persons to do any of the things described in paragraph (a) or paragraph
(b) of this subsection.
(2)
Notwithstanding subsection (1) of this section the Minister may, by notice in the Journal, and after ensuring that the grantee under the grant concerned will be adequately compensated, impose such restrictions on the exercise of the rights of that grantee in respect of any specified variety as the Minister thinks necessary in the public interest during a state of national emergency declared under the Civil Defence Emergency Management Act 2002.
(3)
A grant may be assigned, mortgaged, or otherwise disposed of; and may devolve by operation of law.
(4)
The rights of a grantee under a grant are proprietary rights, and their infringement shall be actionable accordingly; and in awarding damages (including any exemplary damages) or granting any other relief, a Court shall take into consideration
(a)
Anylosssufferedorlikelytobesufferedbythatgrantee as a result of that infringement; and
(b)
Anyprofitsorotherbenefitsderivedbyanyotherperson from that infringement; and
(c)
The flagrancy of that infringement.
(5)
Where there is imported into New Zealand any reproductive material of a protected variety, any propagation, sale, or use, of that material
(a)
As reproductive material; and
(b)
Without the authority of the grantee concerned,constitutes an infringement of the rights of that grantee under this section.
(6)
The importation into New Zealand,
(a)
Fromacountrythatisnotaconventionpartyofproduce of a protected variety; or
(b)
Fromaconventionpartyofproduceofaprotectedvariety in respect of which, under the law of that country, it is not possible to make the equivalent of a grant,

without the consent of the grantee is an infringement of the grantee’s rights under this section.

(7)
The sale under the denomination of a protected variety of reproductive material of some other variety constitutes an infringement of the rights under this section of the grantee of that protected variety, unless the groups of plants to which those varieties belong are internationally recognised as being distinct for the purposes of denomination.
(8)
Where, in any proceedings for the infringement of the rights underthissectionofagrantee,itisprovedoradmittedthatan infringementwascommittedbutprovedbythedefendantthat, at the time of that infringement, the defendant was not aware and had no reasonable grounds for supposing that it was an infringement, the plaintiff shall not be entitled under this sectiontoanydamagesagainstthedefendantinrespectofthatinfringement,butshallbeentitledinsteadtoanaccountofprofits in respect of that infringement.
(9)
Nothing in subsection (8) of this section affects any entitle ment of a grantee to any relief in respect of the infringement of that grantee’srights under this section otherthan damages. Compare: 1973 No 37 s 22

Subsection (2) was amended, as from 1 December 2002, by section 117 Civil Defence Emergency Management Act 2002 (2002 No 33) by substituting the wordsa state of national emergency declared under the Civil Defence Emergency Management Act 2002for the words a national emergencySee sec tions 118 to 121 of that Act as to the transitional provisions.

Subsection (6)(a) and (b) was amended, as from 14 October 1999, by section 2(4) Plant Variety Rights Amendment Act 1999 (1999 No 122) by substituting the words convention partyfor the words UPOV country.

18 Exceptions to granteesrights

Notwithstanding section 17 of this Act, any person may

(a)
Propagate, grow, or use a protected variety, for noncommercial purposes; or
(b)
Iftheproductionofthehybridornewvarietyconcerned does not require repeated use of that variety,
(i)
Hybridise,orproduceanewvarietyfrom,aprotected variety; or
(ii)
Sellanyhybridof,ornewvarietyproducedfrom, a protected variety; or
(c)
Use reproductive material from a protected variety for human consumption or other nonreproductive purposes.

Compare: 1973 No 37 s 22(3)

19 Licences The holder of a licence from a grantee shall have the same rights as that grantee to take proceedings in respect of any infringement of the rights of that grantee in respect of the varietyconcernedaffectingtherightsgivenunderthatlicenceand committed after it was granted. Compare: 1973 No 37 s 10(1)

20 Notice of protection

(1)
Any person who
(a)
Hasacquiredrightsinrespectofavarietyundersection 9(1) or section 17 of this Act; and
(b)
Sells any reproductive material of that variety,shall take all reasonable steps, by means of suitable labelling orotheridentificationofthatmaterial,toinformthepurchaser concerned of those rights.
(2)
In determining, for the purposes of section 17(8) of this Act, whether or not any person had reasonable grounds for supposing that any action was an infringement of the rights of a grantee, a Court may take into account the extent (if any) to which that grantee or, as the case requires, the licensee con cerned had complied with subsection (1) of this section in re spect of any material in respect of which, or in respect of material propagated from which, that infringement occurred.

21 Compulsory licences and sales

(1)
Any person may at any time after the expiration of 3 years from the making of a grant, on payment of the prescribed fee request the Commissioner to consider whether or not reasonablequantitiesofreproductivematerialofareasonablequality of the variety concerned are available for purchase by members of the public at a reasonable price.
(2)
Where a request is made under subsection (1) of this section, the Commissioner shall give the grantee concerned notice of it and a reasonable time to be heard in relation to it, and if, after considering any submissions made to the Commissioner bythatgranteewithinthattime,theCommissionerissatisfied there are not available for purchase by members of the public atareasonablepricereasonablequantitiesofreproductivematerialofreasonablequalityofthevarietyconcerned,theCommissionershall issuetothepersonwhomadethat request one or both of the following:
(a)
A compulsory licence for the reproduction and sale of reproductive material of that variety:
(b)
An order requiring that grantee to sell to that person reproductive material of that variety.
(3)
In considering whether or not there are available to members of the public at a reasonable price reasonable quantities of reproductive material of reasonable quality of a variety, the Commissioner shall not take into account any reproductive material that is available only subject to the condition that all or any of the produce from that material must be sold or offered to a specified person, or to one of a specified group of persons, or to a member of a specified class or description of person.
(4)
A licence or order issued under subsection (2) of this section shall be in writing, and sealed with the seal of the Office.
(5)
When issuing a licence or order under subsection (2) of this section,theCommissionershallspecifyaroyaltyorpayment, orameansofcalculatingaroyaltyorpayment,payablebythe licenseeorpurchaserconcernedtothegranteeconcerned(being,intheopinionoftheCommissioner,aroyaltyorpayment that is, or a means that will produce a royalty or payment that is, in all the circumstances, equitable) and
(a)
It shall be a condition of that licence or order that that licensee or purchaser shall pay to that grantee that royalty or payment or a royalty or payment so calculated (as the case requires); and
(b)
Thatlicenceorordershallbesubjecttoanyotherterms and conditions the Commissioner thinks fit.
(6)
A licence or order issued under subsection (2) of this section shall have effect according to its tenor as if it were a contract voluntarily entered into by the grantee and the other person concerned.
(7)
Subject to the provisions of this Act, the Commissioner may at any time
(a)
On the application of any person; and
(b)
If the Commissioner thinks it appropriate,limit, vary, extend, or revoke, a licence or order issued under subsection (2) of this section.
(8)
As soon as is possible after issuing a licence or order under subsection (2) of this section, or limiting, varying, extending, orrevoking,anysuchlicenceororder,theCommissionershall publish in the Journal brief details of the action taken. Compare: 1973 No 37 s 23

22 Use of denomination

Any person who sells reproductive material of

(a)
A protected variety; or
(b)
A variety that was a protected variety until the grant

made in respect of it expired,shall use its denomination, and shall not associate any trade mark,tradename,orothersimilarindicationwiththatdenomination unless that denomination is clearly recognisable.

Part 2 Appeals

23 Rights of appeal

(1)
AnypersonaffectedbyadecisionoftheCommissionertodecline to make a grant may, within 28 days after being given notice of that decision by the Commissioner, appeal against that decision.
(2)
Anypersonaffectedbyagrantmay,atanytime,appealagainst the making of that grant upon the ground that that grant was made in contravention of this Act.
(3)
Where the Commissioner cancels a grant under section 13 of thisAct,thegranteemay,within28daysafterbeinggivennotice of the cancellation by the Commissioner, appeal against thatcancellationonthegroundthatithasnotbeenestablished that, if that grant had not already been made, some other person making an application in respect of the variety concerned would,byvirtueofsection 12 ofthisAct,beentitledtoagrant in respect of that application.
(4)
AnypersonaffectedbyanydecisionoftheCommissioner(not being a decision referred to in any of subsections (1) to (3) of this section)
(a)
Relatingtoanapplicationorthecancellationofagrant; or
(b)
Imposing any condition in respect of a grant; or
(c)
Declining to modify any aspect of a grant; or
(d)
Refusing to issue a licence or order under section

21(2) of this Act, may, within 28 days after being given notice of that decision by the Commissioner, appeal against that decision.

(5)
Subject to subsection (7) of this section, the owner of a pro tectedvarietymayappealagainstanydecisionoftheCommissionertoissuealicenceororderundersection 21(2) ofthisAct inrespectofthatvariety,ortoextendorvaryanysuchlicence or order.
(6)
Subject to subsection (7) of this section, the person to whom a licence or order was issued under section 21(2) of this Act mayappealagainstanydecisionoftheCommissionertolimit,
vary,orrevokethatlicenceororder,ortoissueitsubjecttoany terms or conditions.
(7)
Noappealundersubsection (5) orsubsection (6) ofthissection shall lie after the 28th day after the earlier of the following days:
(a)
The day on which the appellant is served with notice, or otherwise becomes aware, of the issue, extension, limitation, variation, or revocation, concerned:
(b)
The day on which notice of that issue, extension, limitation,variation,orrevocationwasfirstpublishedinthe Journal under section 21(8) of this Act.

Compare: 1973 No 37 s 26; 1979 No 29 s 12

24 Appeals to be made to District Court Every appeal under section 23 of this Act shall be made to a District Court by

(a)
Filing a notice of appeal in the prescribed form in the District Court nearest the Office; and
(b)
Serving a copy of that notice on the Commissioner.

25 Assessors

(1)
If a District Court Judge is satisfied (whether or not on the application of any party to that appeal) that any appeal under section 23 ofthisActinvolvestheconsiderationoftechnicalor specialisedmatters,andthatitwouldbedesirableforaperson with expert knowledge of those matters to be an assessor in relation to that appeal, the following provisions shall apply:
(a)
The Judge shall consult the parties to the appeal as to a suitable person to be an assessor in relation to the appeal:
(b)
IftheJudgeandthosepartiesagreeonasuitableperson, the Judge shall appoint that person to be an assessor in relation to that appeal:
(c)
IftheJudgeandthosepartiesdonotagreeonasuitable person,theJudgemayappointtobeanassessorinrelationtothatappealanypersontheJudgethinkssuitable:
(d)
An assessor appointed under this subsection shall sit with the Judge during the appeal, but shall have no power of decision in relation to the appeal.
(2)
ADistrictCourtJudgemayappoint2ormoreassessorsunder subsection (1) of this section in respect of a single appeal if satisfied that the nature of the technical or specialised matters concerned so warrants.
(3)
No appointment of an assessor under subsection (1) of this sectionshall,inanyproceedings,becalledintoquestiononthe grounds that the occasion for that appointment had not arisen or had ceased.
(4)
Every assessor appointed under subsection (1) of this section is entitled to receive
(a)
Remunerationbywayoffees,salary,orallowances,for that assessor’s services as assessor; and
(b)
Paymentoftravellingallowancesorexpensesinrespect oftime spenttravelling inconnection withundertaking services as assessor,

as if a District Court is a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

(5)
Subjecttosubsection (6) ofthissection,aDistrictCourt,after hearing an appeal under section 23 of this Act, may
(a)
Confirm the decision appealed against; or
(b)
Modify or reverse that decision or any part of it.
(6)
Nothing in subsection (5) of this section authorises a District CourttoreviewanydecisionoftheCommissioner,oranypart ofadecisionoftheCommissioner,ifnoappealhasbeenmade against that decision or part.

26 Procedure

In dealing with an appeal under section 23 of this Act,

(a)
A District Court may hear all evidence tendered and representations made by or on behalf of any party to thatappealthatthatCourtconsidersrelevanttothatappeal, whether or not that evidence would be otherwise admissible in that Court:
(b)
Subjecttosection 24 ofthisActandtoparagraph (a) of this section, the District Courts Rules 1948 shall apply to that appeal:
(c)
Except as provided in this Act, a District Court shall determineitsownprocedureinrelationtothedetermination of that appeal.

27 Suspension of decision while appeal pending

Where any person has appealed against any decision of the Commissioner, the operation of that decision shall be suspended until the appeal concerned has been finally disposed of. Compare: 1973 No 37 s 31

Part 3 Plant Variety Rights Office 28 Plant Variety Rights Office

(1)
TheSecretarymayfromtimetotime,bynoticeintheGazette, appoint a place to be the Plant Variety Rights Office.
(2)
TheSecretarymayfromtimetotime,bynoticeintheGazette, x the hours during which the Office shall be open for the transactionofpublicbusinessunderthisAct,andmayauthorise the closingof the Office for thetransaction ofpublic business on any day.
(3)
WherethetimeprescribedfordoinganyactortakinganyproceedingunderthisActexpiresonadayonwhichtheOfficeis not open and the act or proceeding cannot therefore be done ortakenonthatday,thatactorproceedingshallbedeemedto be in time if it is done or taken on the next day on which the Office is open. Compare: 1973 No 37 s 5

Subsections (1) and (2) were amended, as from 1 August 1990, by section 2(2) Plant Variety Rights Amendment Act 1990 (1990 No 82) by substituting theword Secretaryfortheword DirectorGeneralwhereverthatwordoccurred.

29 Seal of Office

(1)
ThereshallbeasealoftheOffice,whoseaffixingtoanydocument shall be authenticated by the signature of the Commissioner.
(2)
Every Court and person acting judicially shall take judicial notice of
(a)
The seal of the Office; and
(b)
The appointment and signature of the Commissioner and every Assistant Commissioner.
(3)
For the purposes of subsection (2),

Court includes the Supreme Court, the Court of Appeal, the High Court, and any District Court District Court includes

(a)
a Family Court; and
(b)
a Youth Court person acting judicially means any person having in New Zealand by law authority to hear, receive, and examine evi

dence. Compare: 1973 No 37 s 6

Subsection(3)wassubstituted,asfrom1August2007,bysection 216 Evidence Act 2006 (2006 No 69). See clause 2(2) Evidence Act 2006 Commencement Order 2007 (SR 2007/190).

30 Commissioner, Assistant Commissioners, and officers

(1)
There may from time to time be appointed under the State Sector Act 1988
(a)
A Commissioner of Plant Variety Rights:
(b)
One or more Assistant Commissioners of Plant Variety Rights, who shall be under the control and direction of the Commissioner.
(2)
Allpersonsappointedundersubsection (1) ofthissectionshall beofficersoremployeesoftheMinistry,andanysuchappointmentunderthatsubsectionmaybeheldeitherseparatelyorin conjunction with any other office in the Ministry.

(3) The Secretary may from time to time designate any officer or employee of the Ministry an officer of the Office; and any personsodesignatedmayholdanyotherofficeintheMinistry at the same time. Compare: 1973 No 37 s 7 ThereferencetotheStateSectorAct1988insubsection(1)wassubstituted,as from 1 April 1988, for a reference to the State Services Act 1962 pursuant to section 88(1) State Sector Act 1988 (1988 No 20).

Subsection (3) was amended, as from 1 August 1990, by section 2(2) Plant Variety Rights Amendment Act 1990 (1990 No 82) by substituting the wordSecretaryfor the word DirectorGeneralwhereverthat word occurred.

31 Officers and employees not to acquire interests in grants

(1)
This subsection applies to every person who is, or during the previous 12 months was, the Commissioner, an Assistant
Commissioner, or a person designated under section 30(3) of this Act.
(2)
Nopersontowhomsubsection (1) ofthissectionappliesshall applyunderthisActforagrant,oracquireanyrightorinterest inanygrantdirectlyorindirectly,exceptunderawilloronan intestacy. Compare: 1973 No 37 s 9

32 Advisory and technical committees, and technical advisors

(1)
The Secretary may from time to time appoint advisory or technical committees of one or more persons as the Secretary thinks t to advise or assist the Commissioner for such purposes and during such periods as the Secretary thinks desirable.
(2)
Apersonmaybeappointedtobeamemberofanycommittee appointed under this section whether or not that person is an officer or employee of the Ministry or otherwise holds an ap pointment under the State Sector Act 1988.
(3)
Anypersonappointedundersubsection (1) ofthissectionwho hasaninterestdirectlyorindirectlyconnectedwithanyapplication or matter to be considered by the committee of which that person is a member shall, as soon as is possible after the relevantfactshave cometo that person’sknowledge, disclose the nature of that interest to the Commissioner and, except as otherwise allowed by the Commissioner, shall not take part after the disclosure in any deliberation or decision relating to that application or matter.
(4)
The Secretary may appoint, or may authorise the Commissionertoappoint,personswhoarenotofficersoremployeesof the Ministry as technical advisors to assist the Commissioner in carrying out any tests or trials that the Commissioner considersnecessaryforthepurposesofthisActorinassessingthe results of any tests or trials (whether carried out by the Commissionerornot)thattheCommissioner considersrelevantto those purposes.
(5)
The Secretary may, from money appropriated by Parliament for the purpose, pay to the member or members of any com

25

mittee, or to any technical advisor, appointed under this sec tionsuchfees,salary,allowances,andexpensesastheMinister from time to time approves. Compare: 1973 No 37 s 8

Subsection (1), (4), and (5) were amended, as from 1 August 1990, by section 2(2) Plant Variety Rights Amendment Act 1990 (1990 No 82) by substituting theword Secretaryfortheword DirectorGeneralwhereverthatwordoccurred.

ThereferencetotheStateSectorAct1988insubsection(2)wassubstituted,as from 1 April 1988, for a reference to the State Services Act 1962 pursuant to section 88(1) State Sector Act 1988 (1988 No 20).

33 Delegations

(1)
The Commissioner may from time to time, by writing under the Commissioner’s hand, generally or particularly or subject to conditions, delegate to such officer or officers or employee or employees of the Ministry for the time being designated under section 30(3) of this Act as the Commissioner thinks t all or any of the powers conferred on the Commissioner by or under this Act or any other Act, including any powers delegatedunderanyotherAct,butnotincludinganypowerto appoint technical advisors under section 32(4) of this Act or this present power of delegation.
(2)
Everydelegationunderthissectionshallberevocable,andno suchdelegationshallpreventtheexerciseofanypowerbythe Commissioner.
(3)
A delegation under this section shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the Commissioner by whom it was made may have ceased to holdoffice,andshallcontinuetohaveeffectasifmadebythe successor in office of that Commissioner; but if the holder of aspecifiedofficetowhomanysuchdelegationhasbeenmade ceases to hold office, it shall expire.
(4)
Every person purporting to act pursuant to any delegation underthissectionshall,intheabsenceofprooftothecontrary, be presumed to be acting in accordance with the terms of that delegation. Compare: 1973 No 37 s 10

34 Plant Variety Rights Journal

(1)
The Commissioner shall from time to time, as circumstances require, issue a journal, to be called the Plant Variety Rights Journal.
(2)
The Commissioner shall publish in the Journal
(a)
Notice of every decision of the Commissioner to make ordeclinetomakeagrant,andallprescribedparticulars relating to applications and grants; and
(b)
Anyothermattersandinformationrelatingtoplantvarieties or plant variety rights whose publication appears to the Commissioner to be important or useful.

Compare: 1973 No 37 ss 11, 12

Part 4 Miscellaneous provisions 35 Service of notices, etc

(1)
Where any notice has to be given or any document has to be served under this Act, it may be given or served by
(a)
Deliveringittothepersontowhomithastobegivenor on whom it has to be served; or
(b)
Leaving it at the usual or last known place of abode or address for service in New Zealand of that person; or
(c)
Sending it by post in a registered letter addressed to that person at that person’s usual or last known place of abode or address for service in New Zealand.
(2)
Where a notice or document is sent by post in the manner de scribed in subsection (1)(c) of this section, it shall be deemed to have been given or served at the time at which the letter would have been delivered in the ordinary course of post. Compare: 1973 No 37 s 32

36 Fees and refunds

(1)
Subject to this Act, there shall be paid in respect of grants and applications, and in respect of other matters relating to grants arising under this Act, the fees (if any) from time to timeprescribed;andallsuchfeesshallbepaidintothePublic Account to the credit of the Consolidated Account.
(2)
AnysumpaidtotheCommissionerinerrororinexcessofthe sumproperly payablemay berefunded bytheCommissioner, and all money so refunded shall be paid out of the Consolidated Account without further appropriation than this Act. Compare: 1973 No 37 s 34

37 Offences and penalties

(1)
Everypersonwho,inanapplicationorinanattachmenttoan application, supplies with intent to deceive any false or misleading information commits an offence.
(2)
Every person who falsely represents that any person is the owner of a protected variety or that any person has applied for a grant in respect of any variety, commits an offence.
(3)
Every person selling material of a variety who falsely represents
(a)
That that variety is a protected variety or a variety in respect of which an application has been made; or
(b)
Thatthatmaterialismaterialofsomeothervariety(being a variety that is a protected variety or a variety in respect of which an application has been made)

commits an offence.

(4)
Every person who wilfully or negligently sells reproductive materialincontraventionofsection 22 ofthisActcommitsan offence.
(5)
Every person who, by using on that person’s place of business or on any document issued by that person or otherwise the words “Plant Variety Rights Officeor any other words, suggests that that person’s place of business is or is officially connected with the Office commits an offence.
(6)
Everypersonwhoactsincontraventionofsection 31(2) ofthis Act commits an offence.
(7)
EverypersonwhocommitsanoffenceagainstthisActshallbe liableon summary conviction to a finenot exceeding $1,000.
(8)
Part 2 ofSchedule1tothe SummaryProceedingsAct1957 (as amended by section 35(6) of the Plant Varieties Act 1973) is herebyconsequentiallyamendedbyrepealingtheitemthatrelates to the Plant Varieties Act 1973. Compare: 1973 No 37 s 35

38 Regulations The GovernorGeneral may from time to time, by Order in Council, make regulations for all or any of the following purposes:

(a)
Regulating the business of the Office:
(b)
Regulating any matters placed under the direction or control of the Commissioner by this Act:
(c)
Prescribingtheformandmannerofapplicationsandthe form of diagrams, photographs, and other documents that may be filed in the Office; and requiring copies to be furnished of any such applications, surrenders, diagrams, photographs, and documents; and authorising the rectification or amendment of any of them:
(d)
Prescribingthequantityofseedrequiredtoaccompany an application; and
(i)
Differentquantitiesmaybeprescribedinrespect ofapplicationsinrespectofvarietiesofdifferent kinds; and
(ii)
Quantitiesmaybeprescribedinrespectofapplications in respect of varieties of some kinds and not in respect of applications in respect of varieties of other kinds:
(e)
Regulating the procedure to be followed in connection withanyapplicationorrequesttotheCommissioner or inconnectionwithanyproceedingbeforetheCommissioner,andauthorisingtherectificationof irregularities of procedure:
(f)
Providing for the forfeiture of any priority given in respect of an application:
(g)
Prescribinganyrequirementsfortheentryofparticulars in the register kept under section 14(3) of this Act, and for corrections of recorded details:
(h)
Prescribing a form for appeals under section 23 of this Act:
(i)
Authorising the preparation, publication, sale, and exchange of copies of diagrams, photographs, and documents in the Office, and of indexes to and abridgments of them:
(j)
Prescribingthemodeofpublishinganymattersrequired by this Act to be published:
(k)
Prescribingfeesandchargesforanythingauthorisedby this Act:
(l)
Providing for the testing and treatment of varieties to which applications relate:
(m)
Prescribing the requirements to be met in selecting the denomination of varieties, and providing for the approval, rejection, or amendment of any denomination by the Commissioner:
(n)
Giving effect to the terms of any international agreement to which New Zealand is a party:
(o)
Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.

Compare: 1973 No 37 s 37

38A Orders in Council as to convention parties Forthepurposeofgivingeffecttoanyinternationalagreement orarrangementtowhichNewZealandisapartyorthatapplies toNewZealand,theGovernorGeneralmaybyOrderinCouncil declare that any entity specified in the order that is a party totheagreementorarrangementortowhichtheagreementor arrangementapplies(whetherastate,partofastate,aterritory for whose international relations a state is responsible, a political union,aninternational organisation,oranyotherentity) is a convention party for the purposes of this Act. Section38Awasinserted, as from 14 October1999, bysection 2(1) Plant Var

iety Rights Amendment Act 1999 (1999 No 122).

39 Transitional provisions

(1)
TheplaceappointedbytheMinisterasthePlantVarietiesOfficeunderthePlantVarietiesAct1973shallbedeemedtohave been appointed the Office under section 28 of this Act on the commencement of this Act.
(2)
The person who, immediately before the commencement of this Act, was the Registrar of Plant Varieties under the Plant VarietiesAct1973shallbedeemedtohavebeenappointedas the Commissioner on the commencement of this Act.
(3)
Every grant of plant selectorsrights made under the Plant Varieties Act 1973 and in force immediately before the commencement of this Act shall remain in force in all respects as if this Act had been in force when it was made.
(4)
Forthepurposesofanyactionorproceedingstakeninrelation toagrantsubsistingpursuanttosubsection (3) ofthissection, oranyamendmentorcancellationofsuchgrant,theprovisions of this Act shall apply as if that grant were a grant of plant variety rights under this Act.
(5)
Every application for a grant of plant selectorsrights made under the Plant Varieties Act 1973 and not determined before the commencement of this Act, shall be deemed to be an application under this Act, and shall be dealt with accordingly.
(6)
Every grant of protective direction made under the Plant Varieties Act 1973 and in force immediately before the commencement of this Act shall be deemed to be provisional protection given under section 9(1) of this Act, and shall be subject to the provisions of that section.

40 Consequential amendment

[Repealed]

Section 40 was repealed, as from 3 July 1990, by section 2(4)(l) Ministry of Agriculture and Fisheries Amendment Act 1990 (1990 No 53).

41 Repealed and revocations

[Repealed]

Section 41 was repealed, as from 3 July 1990, by section 2(4) Plant Variety Rights Amendment Act 1990 (1990 No 82).

Schedule Section 3 Plants to which this Act applies

[Repealed]

The Schedule was repealed, as from 1 July 1994, by section 2(3) Plant Variety Rights Amendment Act 1994 (1994 No 52).