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Protection of New Plant Varieties Act, 2001.

Country/Territory
Barbados
Document type
Legislation
Date
2001 (2002)
Source
FAO, FAOLEX
Original source
Laws of Barbados, pp. 1-35.
Long title
An Act to provide for the protection of new varieties of plants, to give effect to the Agreement on Trade-Related Aspects of Intellectual Property Rights, 1994 as it relates to the protection of new plant varieties and for related matters.
Subject
Cultivated plants
Keyword
Basic legislation Plant production Plant variety Planting material/seeds Breeders' rights/farmers' rights Institution Legal proceedings/administrative proceedings Intellectual property rights/patents
Geographical area
Americas, Caribbean, Latin America and the Caribbean, North Atlantic, Small Island Developing States
Abstract

“Variety is defined in section 2. The Chief Agricultural Officer shall be responsible for the administration of this Act (sect. 3). Section 5 sets out in detail the criteria for the protection of a plant breeder’s right. These criteria are novelty, distinctness, homogeneity, and stability. Further a variety shall be denominated in accordance with section 27. Section 10 defines the right to apply for protection by one or more persons, whereas section 12 further qualifies applicants with respect to residence or citizenship. An application may be transferred or assigned in accordance with section13. The scope and duration of a plant breeder’s right are set out in section 15, whereas section 16 lists certain acts that are except from protection. Section 19 concerns the period of protection. Sections 22 to 33 set out procedures of application for and examination and grant of a plant breeder’s right. Section 27 contains rules for the denomination of a variety for which an applicant has been lodged. Section 39 concerns voluntary licensing of the right whereas section 40 provides for compulsory licensing. Remaining provisions concern legal proceedings and the register of plant breeder’s rights to be kept by the Registrar of Corporate Affairs and Intellectual Property.

Full text
English
Website
www.caricomlaw.org

References - Legislation

Implemented by

Protection of New Plant Varieties Regulations, 2001 (S.I. No. 133 of 2001).

Legislation | Barbados | 2001

Keyword: Plant production, Plant variety, Planting material/seeds, Breeders' rights/farmers' rights, Institution, Legal proceedings/administrative proceedings, Intellectual property rights/patents

Source: FAO, FAOLEX

Protection of New Plant Varieties Order, 2001 (S.I. No. 134 of 2001).

Legislation | Barbados | 2001

Keyword: Plant production, Plant variety, Planting material/seeds, Breeders' rights/farmers' rights, Intellectual property rights/patents

Source: FAO, FAOLEX