WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/l/BLZIP/2 
13 June 2000 
(00-2344) 
Original: English/ 
anglais/ 
inglés 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LA WS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
BELIZE 
The present document reproduces the text! of the Protection of New Plant Varieties Bill, 
2000, as notified by Belize under Article 63.2 ofthe Agreement (see document IP/N/1/BLZ/l). 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
BELIZE 
Le présent document contient le texte! du projet de loi sur la protection des nouvelles variétés 
végétales, de 2000, notifié par le Belize au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/lIBLZ/l ). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PA.RRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
BELICE 
En el presente documento se reproduce el texto! de la Ley de Protecci6n de las Nuevas 
Obtenciones Vegetales, 2000, que Belice ha notificado en virtud dei parrafo 2 deI articulo 63 deI 
Acuerdo (véase el documento IP/N/lIBLZ/l). 
1 In English only.lEn anglais seulement.lEn inglés solamente. IP/N/1/BLZ/P/2 
Page 2 
BELIZE: 
PROTECTION OF NEW PLANT V ARIETIESBILL, 2000 
ARRANGEMENT OF CLAUSES 
PART 1 
PRELIMINARY 
1. Short title 
2. Interpretation 
3. Administration 
4. Examination of Register 
PART II 
BREEDER'S RIGHTS 
5. Criteria for protection 
6. Novelty 
7. Distinctness 
8. Homogeneity 
9. Stability 
PART III 
ENTITLEMENT TO PROTECTION 
10. Right to apply for protection 
11. Presumption of title 
12. Application by person other than owner 
13. Persons entitled to file applications 
14. Agents 
PART IV 
ASSIGNMENT AND TRANSFER OF THE APPLICATION OR 
OF THE BREEDER'S RIGHT 
15. Assignment and transfer 
16. Joint applicants and joint holders of rights PART V 
SCOPE AND DURATION OF BREEDER'S RIGHTS 
17. Scope of breeder's right 
18. Exceptions to breeder's right 
19. Exhaustion of breeder's right 
20. Maintenance of propagating material 
21. Period of protection 
22. Renewal fees 
PART VI . IPIN/lIBLZIP/2 
Page 3 
TERMINATION. INVALIDATION AND FORFEITURE 
23. Termination of protection 
24. Invalidation 
25. Forfeiture 
PART VII 
PROCEDURE IN CASES OF REOUESTS FOR 
INVALIDATION AND FORFEITURE 
26. Procedure in cases of requests for invalidation 
27. Procedure for forfeiture of breeder's right 
28. Application 
29. Priority PART VIII 
APPLICATIONS 
30. Documents and material to be furnished for priority 
31. Where application is not in English 
PART IX 
V ARIETY DENOMINATION 
32. Application and procedure for variety denomination 
33. Use of the variety denomination IP/N/1/BLZ/P/2 
Page 4 
34. Prior rights of third parties 
35. Cancellation of a registered vàriety denomination 
36. Filing date 
PART X 
EXAMINATION OF THE APPLICATION 
37. FormaI examination of application 
38. Examination of novelty, distinctiveness, etc. 
39. Grant and refusaI of breeder's right 
40. Provisional protection 
PART XI 
OPPOSITION 
41. Opposition 
PART XII 
RU LES ON THE PROCEEDINGS BEFORE THE OFFICE 
42. Proceedings before the Office 
PART XIII 
APPEALS AND ENFORCEMENT PROCEEDINGS 
43. Appeals 
44. Civil proceedings 
45. Criminal liability for non-compliance or misuse of variety 
denomination 
PART XIV 
LICENCES AND LEGAL PROCEEDINGS BY LICENSEE 
46. Licence con tracts IPINIlIBLZIP12 
Page 5 
47. Right of licensor to grant further licences or to exploit the variety 
48. Non-assignability of licences 
49. Certain clauses in contract void 
50. Licences of right 
51. Compulsory licences 
52. Legal proceedings by licensee 
PART XV 
GENERAL PROVISIONS 
53. Regulations 
54. Commencement IP/N/1/BLZ/P/2 
Page 6 
BELIZE: 
BILL 
for 
AN ACT to provide for the protection of new varieties 
of plants and for matters related thereto. 
(Gazetted 18th March, 2000.) 
BE IT ENACTED, by and with the advice and consent 
of the Bouse of Representatives and the Senate of 
Belize and by the authority of the same as follows:-
1. This Act may be cited as the 
PROTECTION OF NEW PLANT V ARIETIES 
ACT, 2000. 2NO READJNG 
MAY 1 9 2000 
Short UUe. 'Interpretation. 
CAP. 82. IP/N/1/BLZIP/2 
Page 7 
2. (1) In this Act, unless the context otherwise requires:-
"Authority of a Contracting Party" means the Authority 
entrusted with the implementation of the law on the 
protection of new varieties of plants for that Party; 
"breeder" means the person who has bred or discovered 
and developed a variety; 
"Contracting Party" means aState other than Belize or an 
intergovernmental organisation party to any of the following 
Acts of the International Convention for the Protection of 
New Varieties of Plants -the Act of December 2, 1961 
as amended by the additional Act of November 10, 1972, 
the Act of October 23, 1978 and the Act of March 19, 1991 ; 
"Convention" means the International Convention for the 
Protection of New Varieties of Plants of 1978 as last 
revised; 
"Court" means the Supreme Court of Judicature established 
un der the Supreme Court of Judicature Act; 
"holder" means the holder of a breeder's right; 
"Minister" means the Attorney General and Minister of 
Justice; 
"Office" means the Office of Companies, Corporate Affairs 
and Intellectual Property established under section 3 of the 
Patents Act, 2000; 
"periodical" inc1udes the Gazette, daily newspapers 
circulating in Belize or other publication issued by the 
Office; 
"protected variety" means any variety that is the subject 
of a breeder's right; IP/N/1/BLZ/P/2 
Page 8 
"Register" means the register of breeder's rights in which 
the matters specified in section 3 are required to be recorded; 
"Registrar" means the Registrar of Companies, Corporate 
Affairs and Intellectual Property; and 
"variety" means a plant grouping within a single botanical 
taxon of the lowest known rank, which grouping, 
irrespective of whether the conditions for the grant of a 
breeder's right .are fully met, can be-
(a) defined by the expression ofthe characteristics 
resulting from a given genotype or combination 
of genotypes; 
(b) . distinguished from any other plant grouping 
by the expression of at least one of the said 
characteristics; and 
(c) considered as a unit with regard to its suitability 
for being propagated unchanged. 
3. (1) For the purposes of this Act, the Office shall Administration. 
be responsible for aIl matters concerning the administration 
of this Act. 
(2) The Registrar shall maintain a register, to be 
known as the Register of Plant Breeder's Rights, in which 
the following shal1 be entered-
(a) any grant of a breeder's right; 
(h) any change in the holder of that right; 
(c) any invalidation or forfeiture of the right; 
(d) any submission, registration, change or 
cancellation of the variety denomination; Examination of 
Registcr. 
Criteria for 
protection. 
Novelty. IP/N/IIBLZ/P/2 
Page 9 
(e) any licence of right or compulsory licence 
granted, with an indication of the conditions 
of sueh licences; and 
(j) the conclusion of any licence contract at the 
request of one of the parties to such contract. 
4. A person who has paid the prescribed fee shall be 
entitled, during normal business hours, to examine the 
Register kept in accordance with section 3, and to make 
copies of or extracts from the information contained therein. 
PART II 
BREEDER'S RIGHTS 
5. Subject to this section and any other formaI 
requirements of this Act, right to be known as a breeder's 
right shall be granted in respect of plant varieties of those 
genera or species specified in the Regulations where the 
variety is-
(a) new; 
(h) distinct; 
(c) homogenous; 
(d) stable; and 
(e) given a variety denomination which is 
acceptable for registration in accordance with 
section 32. 
6. (1) Subject to subsection (2), a variety shall be new 
if the propagating or harvested material of the variety has 
not been sold or otherwise disposed of to others with the 
authorisation of the plant breeder or his successor in title-IP/N/lIBLZIP/2 
Page 10 
(a) in Belize, for longer than one year before the 
date on which protection is applied for un der 
this Act; and 
(h) outside Belize, for longer than six years in the 
case of trees or vines or longer than four years 
in the case of other plants, before the effective 
filing date in Belize. 
(2) It shall not be considered detrimental to the 
novel ty of a variety if the propagating or harvested material 
of that variety has been sold or otherwise disposed of ta 
others in Belize with the authorization of its breeder or 
his successor in title for up to four years prior to the 
inclusion of the genus or species to which the variety 
belongs in the list of genera and species specified in the 
Regulations, and for a maximum of six months after such 
inclusion where the application is filed within that six 
'month period. 
7. (1) A variety shall be considered to be distinct if Distlnctness. 
it is clearly distinguishable from any other variety whose 
existence is a matter of common knowledge at the time 
of the filing of the application or w~ere relevant, at the 
priority date. 
(2) Common knowledge n, '\) also be established 
by reference to various factors such as the exploitation of 
the variety already in progress, grant of a breeder's right 
in the variety, entry of the variety in acatalogue ofvarieties 
admitted to trade or entry in the register of varieties kept 
by a recognised professional association, or inclusion of 
the variety in a reference collection. 
(3) The filing, in any State, of an application for 
a breeder's right, or for entry in a catalogue of varieties 
admitted to trade, shall deemed ta render the variety the 
subject of the application a matter of corn mon knowledge Homogenity. 
Stability. 
Right to apply 
for protection. from the date of the application, provided that the application 
leads to the grant of the breeder's right or the entry in the 
catalogue, as the case may be. IP/N/lIBLZ/P/2 
Page Il 
8. A variety shaH be considered to be homogenous if 
its plants show the same expression of the same 
characteristics, subject to the variation which may be 
expected in view of the particular features of its propagation. 
9. A variety shall be considered to be stable if its 
relevant characteristics remain unchanged after repeated 
propagation or, in the case of a particular cycle of 
propagation, at the end of each such cycle. 
PART III 
ENTITLEMENT TO PROTECTION 
10. (1) Subject to this Part, the breeder of a variety or 
his successor in title shall be entitled to apply for protection 
under this Act. 
(2) The breeder or his successor in title may be a 
natural or a IegaI person. 
(3) Where two or more persons have bred, or 
discovered and developed, a variety jointly, the right to 
protection shaIl vest in them jointly, and subject to any 
agreement to the contrary between the joint breeders, their 
shares in the property of the breeder's rights shall be equaI. 
(4) Where a variety has been bred, or discovered 
and developed by several persons independently of each 
other, the fight to apply for the grant of the breeder's right 
shall belong to the person who has first applied for protection 
or filed an application with an earlier priority date at the 
Office. JP/N/lIBLZIP/2 
Page 12 
(5) Where a variety has been bred or discovered 
and developeQ in execution of a commission or a contract 
of employment, the right to apply for protection shall 
belong, in the absence of contractual provisions to the 
contrary, to the person who commissioned the work or to 
the employer. 
Il. The applicant shaH, in the absence of proof to the 
contrary, be pres~lmed to be entitled to protection under 
this Act, but where the application is made by a successor 
in title it shaIl be accompanied by sufficient proof of the 
successor's title. 
12. (1) Where an application is filed for a breeder's 
right by a person who is not entitled to protection, the 
person entitled may bring an action before the Court for 
the assignment to him of the application or if the application 
is already granted, of the breeder's right. 
(2) No action shall be commenced after five years 
of the publication of the grant of the breeder's right, save 
that an action brought against a defendant who has acted 
in bad faith shaIl not be subject to any limitation period. 
13. (1) An application for the grant of a breeder's right 
may be filed by the owner of a variety who is a national 
or resident of-
(a) Belize; 
(h) a Contracting Party; or 
(c) any State which, not being a Contracting Party, 
grants reciprocity of treatment to Belize. 
(2) For the purposes of subsection (l)(h), "national" 
means, where the Contracting Party is a State, a national 
of that State, and where the Contracting Party is an 
intergovernmental organisation, the nationals of the States 
that are members of that organization. Presumption of 
title. 
Application by 
person other 
thanowner. 
Pers ons 
entitled to file 
applications. IP/N/lIBLZIP/2 
Page 13 
Agents. 14. (1) Every person whose ordinary residence or 
Assignment 
and transfcr. 
Joint 
applicants and 
joint holders of 
rights. principal place of business is outside Belizeshall be 
represented by an attorney-at-law who is resident in, and 
is practicing in Belize in accordance with the relevant law. 
(2) The principal shall give the agent power to act 
on his behalf before the Office and in legal proceedings 
relating to the protection of new varieties of plants. 
(3) For the purposes of instituting legal proceedings 
by or against any person represented byan agent, the place 
which the Office identifies as the address of the agent, or 
where there are several agents, the address of the main 
agent, or agent first designated, shall be deemed to be the 
place where the right in the variety is located. 
PART IV 
ASSIGNMENT AND TRANSFER OF THE 
APPLICATION OR OF THE BREEDER'S RIGHT 
15. Cl) An application for the grant of a breeder's right 
may be assigned or otherwise transferred. 
(2) The assignment or transfer shall be in writing 
and shaIl be signed by the parties. 
(3) An assignment or transfer shall be registered 
in the Register on the written request of the assignor or 
transferor and on payment of the prescribed fee. 
(4) No assignment or transfer to a successor in title 
shal1 have effect against a third party unless it has been 
registered. 
16. (1) Where there are two or more applicants for the 
grant of a breeder's right or where there are two or more 
holders of such a right in any protected variety, in the 
absence of any agreement to the contrary, each applicant IP/N/IIBLZIPI2 
Page 14 
or holder may separately transfer his shares, or exploit the 
variety as the case may be, or subject to this Act, exclude 
others from exploiting it. 
(2) In the case of the grant of an exclusive licence 
however, the holders of the breeder's licence may only 
jointly grant an exclusive licence to a third party to exploit 
the variety. 
PART V 
SCOPE AND DURATION OF 
BREEDER 1 S RIGHTS 
17. (1) (a) Subject to sections 18 and 19, the following 
acts in respect of the propagating material of a protected 
varicty shall require the authorisation of the holder of the 
breeder's right granted in respect of the variety-
(i) production or reproduction (multiplication); 
(ii) conditioning for the purpose of 
propagation; 
(iii) offering for sale; 
(iv) selling or other m 'lrketing; 
(v) exporting; 
(vi) importing; and 
(vii) stocking for any of the purposes referred 
to in paragraphs (i) to (vi). 
(h) The holder may make his authorisation subject 
to conditions and limitations. Scope of the 
breeder's right. (2) Subject to sections 18 and 19, the acts referred 
to in paragraphs (i) to (vii) of subsection (l)(a) in respect 
of harvested material, including entire plants and parts of 
plants, obtained through the unauthorised use of the 
propagating material of the protected variety shall require 
the authorisation of the holder, unless the holder has had 
reasonable opportunity, before the harvested material is 
obtained, to exercise his right in relation to the unauthorised 
use of the propagating material. 
(3) (a) The provisions of subsections (1) and (2) 
shall also apply in relation to varieties-
(i) which are essentially derived from the 
protected variety, where the protected 
variety is not itself an essentially derived 
varicty; 
(ii) which are not clearly distinguishable in 
accordance with section 7 from the 
protected variety; and 
(iii) whose production requires the repeated 
use of the protected variety. 
(h) For the purposes of subparagraph (a) (i), a 
variety shall be deemed to be essentially 
derived from another variety ("the initial 
variety") where-
(i) it is predominantly derived from the 
initial variety, or from a variety that is 
itself predominantly derived from the 
initial variety, while retaining the 
expression of the essential characteristics 
that result from the genotypes of the 
initial variety; IP/N/lIBLZ/P/2 
Page 15 IP/N/IIBLZ/P/2 
Page 16 
(U) it is· clearly distinguishable from the 
initial variety; and 
(Ui) except for the differences which result 
from the act of derivation, it conforms 
to the initial variety in the expression of 
the essential characteristics that result 
from the genotype or combination of 
genotypes of the initial variety. 
(c) Essentially derived varieties maybe obtained 
for example by the selection of a natural or 
induced mutant, or of a somaclonal variant, 
the selection of a variant individual from 
plants of the initial variety, backcrossing, or 
transformation by genetic engineering. 
18. (1) The breeder's right shall not extend to-
(a) acts done privately and for non-commercial 
purposes; 
(h) acts done for experimental purposes; and 
(c) acts done for the purpose of breeding other 
varieties, and, except where the provisions of 
section 7(3) apply, acts referred to in section 
17( 1) and (2) in respect of such other varieties. 
(2) The Minister may by regulations, within 
reasonable limits and subject to the safeguarding of the 
legitimate interests ofthe holders ofbreeder's rights, restrict 
the breeder's right in relation to the varieties of any specified 
plant genera or species in order to permit farmers to use 
for propagating purposes, on their own holdings, the product 
of the harvest which they have obtained by planting, on 
their own holdings, the protected variety or a variety 
covered by section 17(3) (a) (i) or (ii). Exceptions to 
breeder's right. Exhaustion of 
breeder's right. 
Maintenance of 
propagating 
material. IP/N/l/BLZ/P/2 
Page 17 
19. (l) A breeder's right shall not extend to acts 
concerning any material of the protected variety, or of a 
variety covered by the provisions of section 17(3), which 
has been sold or otherwise marketed by the breeder or with 
his consent in Belize, or any material derived from the said 
material unless such acts-
(a) involve further propagation of the variety in 
questIon; or 
(h) involve an export of material of the variety, 
which enables the propagation of the variety, 
into a country which does not proteet varieties 
of the plant genus or species to which the 
variety belongs, except where the exported 
material is for final consumption purposes. 
(2) For the purposes of subsection (1), "material" 
means, in relation to a variety:-
(a) propagating material of any kind; and 
(h) harvested material, including entire plants and 
parts of plants. 
20. (1) The holder of a breeder's right shall, throughout 
the 'period for which the right is exercisable, be under an 
obligation to provide the Registrar with propagating material i 
capable of producing plants which correspond to the 
characteristics defined for the variety when the right was 
granted. 
(2) The holder of a breeder's right shall also provide 
the Registrar with all such information and assistance as 
the Registrar may request for the purpose of ensuring that 
the holder of the breeder's right is fulfilling his obligations 
under subsection (1), including facilities for the inspection 
by or on behalf of the Registrar of the measures taken for 
the maintenance of the variety. IP/N/lIBLZ/P/2 
Page 18 
21. (1) Subject to subsection (2), the breeder's right in 
respect of vines, forest trees, fruit trees and ornamental 
trees including in each case, their rootstocks, shall expire 
twenty five years after the grant thereof. . 
(2) Protection for aIl other genera or species shaIl 
expire twenty years after the grant thereof. 
(3) Where in the cases referred to in section 6(2), 
a variety has already been offered for sale or marketed in 
Belize for a period of more than one year before the date 
of the filing ofthe application, the duration of the protection 
shall be r~duced by the number of full years minus one 
year that have elapsed since the beginning of the offering 
for sale or the marketing, wi th the authorisation of the 
breeder or his successor in title, before the filing of the 
application. Perlod of 
protection. 
22. The holder shall, every year during the period of Renewalfees. 
protection, pay the Registrar the annual renewal fee 
prescribed, which fee shall fall due at the beginning of the 
calendar year to which it relates, and shaIl be payable by 
the 31 st of J anuary of each 'such calendar year. 
PART VI 
TERMINATION, INVALIDATION 
AND FORFEITURE 
23. (1) The breeder's right shaH terminate before the 
term expires where the ho1der of that right renounces it 
by written dec1aration addressed to the Registrar. 
(2) The date of termination shaH be that specified 
in the dec1aration or if none is specified the date on which 
the dec1aration is received by the Registrar. Termlnatlon of 
protection. Invalidation. 
Forfeiture. IPINIlIBLZIP12 
Page 19 
24. (1) The Registrar shaH invalidate a breeder's right 
at the request of any interested pers on where it is established 
that:-
(a) the variety is not new or distinct within the 
meaning of, and on applicable dates referred 
to in, sections 6 and 7; or 
(h) the holder of the right is not the owner of the 
variety. 
(2) Where the fee prescribed in accordance with 
section 26 CI) is not paid within three months of the request 
being filed, the request shall be deemed never to have been 
filed. 
25. (1) The Registrar shall dec1are the breeder's right 
to be forfeited where the holder of the right:-
(a) is no longer in a position to provide the 
Registrar, ifhe requests it, with the propagating 
material capable of producing plants which 
correspond to the characteristics defined for 
the variety wh en the right was granted; 
(h) does not fulfil his obligation under section 
20(2); and 
(c) does not, three months after he has been 
reminded in writing to do so by the Registrar, 
pay the renewal fee. 
(2) A licence agreement made under this Act sha1l 
become ineffective if the breeder's right under which it 
was granted is invalidated or forfeited, save however that 
no payment of any royalty which was due before the date 
of invalidation or forfeiture can be demanded by the 
licensee in view of that invalidation or forfeiture. IPINIlIBLZ/P/2 
Page 20 
PART VII 
PROCEDURE IN CASES OF REQUESTS FOR 
INVALIDATION AND FORFEITURE 
26. (1) An application for the invalidation of a breeder's 
right may be filed by any interested person and shall be 
deemed not to have been filed if the fee prescribed is not 
paid. 
(2) The application shall be filed in a written reasoned 
statement and may be filed even after the breeder's right 
has expired. 
(3) The application may not be filed during the 
period in which an appeal may still be made against the 
grant of the breeder's right or while proceedings on such 
appeal are still pending before the Court. 
(4) The Registrar shall not accept the application 
if it is not accompanied by a reasoned statement, or if it 
was filed du ring the period within which an appeal could 
still be made against the grant of the breeder's right, or 
while proceedings on such an appeal are still pen ding 
before the Court. 
(5) Where he accepts the application, the Registrar 
shall hear the holder of the breeder's right and may obtain 
any other evidence and shall conduct the hearing on his 
own initiative. 
(6) The Registrar shall discontinue the hearing if 
the request for the invalidation is withdrawn. 
(7) Where the Registrar finds that the application 
is not justified; he shall reject it. 
(8) Where the Registrar finds that the application 
is justified he shaH declare the breeder's right null and void. Procedure ln 
cases of 
requests for 
Invalidation. Procedure for 
forfelture of 
brecder's right. 
Application. IP/N/1/BLZ/P/2 
Page 21 
27. (1) Proceedings for forfeiture of a breeder's right 
shaH be initiated by the Registrar ifthe requirement specified 
in section 25(1) (a) is fulfilled, or may be initiated by the 
Registrar or a third pers on if any of the requirements 
specified in section 25 (l)(b) and (c) are fulfilled. 
(2) An application shaH not be necessary for the 
commencement of such proceedings but where any such 
application is filed, the Registrar shall treat it as a suggestion 
to initiate official proceedings. 
(3) Before declaring a breeder's right to be forfeited, 
the Registrar shall hear the holder of that right. 
(4) Where after having heard the holder of the 
breeder's right, the Registrar finds that there is no reason 
to dec1are the right forfeited, he shaH declare the proceedings 
terminated and inform the holder of the right accordingly 
in writing. 
(5) Where the RegistraI' dec1aI'es a breeder's right 
forfeited, he shall inform the holder in writing, giving 
reasons therefor and shall state the date of forfeiture. 
PART VIII 
APPLICATIONS 
28. (1) An applicant for the protection of a variety shall 
file an application with the Registrar in the prescribed 
form. 
(2) The application form shall be accompanied by 
the technical questionnaire in the prescribed form for the 
relevant genus or species, which shall be completed by the 
applicant to the best of his knowledge. 
(3) At the request of the Registrar, the applicant 
shall, on the date and at the place fixed by the Registrar, IP/N/lIBLZ/P!2 
Page 22 
submit the amount of propagating material determined by 
the Registrar. 
(4) Every application received by the Registrar and 
completed in accordance with this section shall, along with 
the date of filing, the name and address of the applicant 
and the original breeder, the variety denomination proposed 
under section 32 and the main characteristics of the variety 
as indicated in the application, be published in a periodical. 
(5) The application shall be accompanied by the 
application fee prescribed. 
(6).The refusaI or withdrawal of an application shall 
also be published in a periodical. 
29. (1) The applicant may avail himself of the priority Priority. 
of an earlier application (hereinafter referred to as the 
"right of priority") that has been duly filed for the same 
variety by himself or by his predecessor in title with the 
Authority of a Contracting Party. 
(2) Where the application filed with the Registrar 
is preceded by several such applications, priority may be 
based only on the earliest application. 
(3) The right of priority shall be expressly claimed 
in the application filed with the Registrar and may only 
be claimed within a period of twelve months from the date 
of filing of the earliest application, but the day of filing 
shall not be inc1uded in the said period. 
30. (1) In order to avail himself of the right of priority, 
the applicant shall submit to the Registrar within three 
months of filing the application in Belize, a copy of the 
documents that constitute the earlier application, certified 
to be a true copy by the Authority with which that application 
was filed. Documents and 
matcrials to be 
furnishcd for 
priority. Where 
application is 
not in English. 
Application 
and procedure 
for variety 
denornination. IP/NIl/BLZIP/2 
Page 23 
(2) Where the earlier application is not in English, 
the Registrar may request that a translation thereof be 
produced within three months from the date of receipt of 
the request. 
(3) The effect of the right of priority shaH be that, 
,,'/ith respect to the conditions of protection attached to the 
variety, the application shaH be deemed to have been filed 
at the date of the filing of the earlier application. 
(4) The applicant may declare that he will submit 
the propagating material referred to in section 28(3) or any 
additional documents required by the Registrar at a later 
date, but no later than two years after the end of the priority 
period unless the earlier application referred to in subsection 
(1) has been withdrawn or refused in the country in which 
it was filed. 
(5) If any of the provisions of this section are not 
complied with, the application shaH be dealt with as if no 
priority has been claimed. 
31. Any application or other document filed under this 
Act (not being an application or document referred to in 
section 30) shall, if not in English, be accompanied by a 
translation thereof in English, verified by the translator 
that the translation is to the best of his know ledge complete 
and faithful. 
PART IX 
V ARIETY DENOMINATION 
32. (1) The applicant for a breeder's right shall, within 
three months of the filing of the application, propose on 
the form issued by the Registrar for that purpose, a variety 
denomination in accordance with subsection (2) and (3). IP /NI 1/BLZIP 12 
Page 24 
(2) A variety denomination may consist of one 
word, a combination of not more than three words, a 
combination of words and figures, of words and letters or 
ofletters and figures, but shall not consist wholly of figures 
save however that in a word/figure combination, the figures 
shall have a meaning in relation to the words. 
(3) No pers on shall use as a variety denomination 
a designation which-
(a) does not enable the variety to be identified; 
.(h) is liable to mislead a person of average 
attentiveness or to cause confusion concerning 
the origin, derivation, characteristics, value 
or identity of the variety, or the identity of 
the breeder; 
(c) is identical to or can be confused with a 
variety denomination which in the country or 
in another State party to the Convention 
designates an existing variety of the same or 
of a related botanical species, save however 
that the denomination shall be admissible if 
the other variety is not registered and has not 
been grown for a considerable time; 
(d) is identical to or can be confused with a 
designation in which a third party enjoys a 
prior right which would prohibit the use of 
the designation as a variety denomination; 
(e) is contrary to public policy or morality; 
(j') refers solely to attributes which are also 
common in other varieties of the species 
concerned; Use of the 
variety 
denomination. IP/NIlIBLZ/P/2 
Page 25 
(g) consists of a botanical or common name of 
a genus or species, or inc1udes such a name, 
where this is likely ta mislead or cause 
confusion; 
(h) suggests that the variety is derived from or 
related ta another variety when this is not the 
case; 
(i) inc1udes words such as "variety", "cultivar", 
':form", "hybrid", "cross" or a translation of 
su ch words; or 
(j) is, for reasons other than those mentioned in 
this subsection, not suitable as a generic 
designation of the variety. 
(4) Where a variety is already protected by a 
Contracting Party or where an application for the protection 
of the same variety is filed in such State, only the variety 
denomination which has been proposed or registered in 
that other State may be proposed and registered, and the 
Registrar shall not register any other designation as a 
denomination for the variety. 
(5) Where the variety denomination used in the 
other State is inappropriate for linguistic reasons, or for 
any reason specified in subsection (3), the Registrar may 
request the applicant to propose another variety 
denomination. 
(6) The Registrar shall publish in a periodical the 
variety denominations which have been proposed to him, 
or registered or cancelled by him. 
33. (1) Any pers on who offers for sale or markets 
propagating material of a variety protected in Belize shall, 
even after the expiration of the protection, use the registered 
variety denomination only in so far as prior Tights do not 
prevent such use. IP/N/lIBLZ/P/2 
Page 26 
(2) Wh en a protected variety is offered for sale or 
marketed, a trademark, trade name or other similar 
indication may be associated with the registered variety 
denomination provided that the denomination is easily 
recognisable. 
(3) The holder of a breeder's right may not invoke 
any trademark, trade name or other right in his possession 
against a variety denomination legitimately used in the 
offering for sale or marketing of the variety by another 
person, even after the expiration of the protection. 
34. Prior rights of third parties in a designation shall 
not be affected by this Act. 
35. (1) The Registrar shalI cancel any registered variety 
denomination at the request of-
(a) any interested pers on or on his own initiative 
if the denomination should not have been 
registered or if, subsequent to registration, 
facts become known which would have 
justified the rej~ction of the denomination; 
(b) the holder of the breeder's right or of a third 
person, if a final court decision is delivered 
according to which the variety denomination 
must be cancelled or if it is established that 
a third-party right exists in the denomination 
and the holder of the breeder's right agrees 
to the cancellation; or 
(c) a person who is obliged to use the variety 
denomination under section 33(1), if he is 
prohibited by a final court decision from using 
that denomination, provided that the holder 
of the breeder's right had participated or had 
been given the opportunity to participate in 
the court proceedings. Prior rlgh ts of 
thlrd parties. 
Cancellation of 
a registered 
variety 
denomination. Filing date. 
FormaI 
examination of 
application. (2) Where he cancels the variety denomination, the 
Registrar shaH request the holder of a breeder's right to 
submit, within the time specifiedby him, a proposaI for 
a new variety denomination, and shaH, if the proposaI is 
acceptable, register it. 
(3) Where the proposaI for a new variety 
denomination is not acceptable, the Registrar shall again 
request the holder to submit another proposaI for a new 
variety denomination. 
(4) The Registrar shall establish, at the request of 
the holder or a third person, a provision al variety 
denomination where the holder or the third pers on 
demonstrates a legitimate interest. 
(5) Where, after the period for submitting a proposaI 
for a new variety denomination has expired, the holder of 
the breeder's right has not submitted the requested proposaI, 
the Registrar may establish on his own initiative, a 
provisional variety or permanent variety denomination. 
36. The Registrar shall accord, as the filing date of the 
application, the date of receipt of the application form and 
the technical questionnaire, duly completed. 
PART X 
EXAMINATION OF THE APPLICATION IP/N/l/BLZIP/2 
Page 27 
37. (1) The Registrar shall examine the application to 
determine whether it and its supporting documents fulfil 
the requirements for applications under this Act and whether 
the required amount of propagating material has been 
submitted on the due date and at the proper place. 
(2) Where any of the requirements referred to in 
subsection (1) have not been complied with, the Registrar IP/N/1/BLZ/P/2 
Page 28 
shall reject the application for the grant of a breeder's right, 
unless the Registrar grants to the applicant a further period 
to complete the application or to submit the propagating 
material, but no such further period may be granted which 
will expire later than three months after the application 
date or the date fixed for submission of the material, as 
the case may be. 
38. (1) Th~ Registrar shall examine the variety to 
determine whether it fulfills the requirements of novelty 
and where those requirements are not fulfilled, the Registrar 
shall reject the application. 
(2) The Registrar shall invite the applicant, on a 
date fixed by him before the beginning of each year or 
testing period, to pay the prescribed testing fee for that 
year or testing period and failure to do so by the applicant 
shaH cause the application to be rejected. 
(3) The Registrar shall after receiving the testing 
fee for the first year or for the first testing period examine 
whether the variety fulfills the requiremènts of distinctness, 
homogeneity and stability. 
(4) Where the Registrar determines that it is 
expedient ta do so, he may arrange to have the examination 
done by another national or foreign governmental authority 
and shall base his decision on the resul ts of that examination. 
(5) The Registrar may treat the examination results 
obtained from, and expert opinions given by foreign 
governmental authorities, as results obtained from and 
opinions given by the Registrar himself. 
(6) Subject to section 30(4), the Registrar may, 
where necessary for an examination, request the applicant 
to submit additional material or documents within' the 
period specified in the request and where the applicant fails Examination of 
novelty, 
distinctness, 
etc. Grantand 
refusaI of 
breeder's right. 
Provisional 
protection. IPINIlIBLZ/P/2 
Page 29 
to do so, without giving valid reasons for such failure, he 
shaH reject the application. 
39. (1) Where theexamination shows that the application 
satisfies the requirements of novelty, distinctness, 
homogeneity and of stability and that the proposed 
denomination of the variety can be registered, the Registrar 
shaH grant a breeder's right. 
(2) Where the examination shows that the variety 
is neither distinct, homogenous nor stable, the RegistraI' 
shaH reject the application. 
(3) Where the examination shows that the proposed 
denomination of the variety cannot be registered, the 
RegistraI' shall request the applicant to submit another 
denomination within a period fixed by him, failing which 
he shaH reject the application. 
(4) Where the Registrar makes a decision to grant 
a breeders' right he shall publish that decision in a periodical 
and he shaH also reflect in the periodical that an application 
for such a right has been made. 
40. (1) Where a breeder's right is granted the holder 
of the right sha1l be entitled to equitable compensation for 
anything done during the application period which if done 
after the grant of the right, would constitute an infringement 
of it. 
(2) In this section, "application period", in relation 
to the grant of a breeder's right, means the period:-
(a) beginning with the day on which details of the 
application for the grant of the right were 
published in a periodical pursuant to section 
28(4); and 
(h) ending with the.grant of the right. IP/N/1/BLZ/P/2 
Page 30 
PART XI 
OPPOSITION· 
41. (1) Within three months of the date of publication Opposition. 
of the iJant of a breeder's right, any interested persan may 
on payment of the prescribed fee file with the Registrar, 
an opposition against the grant of the right. 
(2) The opposition shall be based on any of the 
following grounds, namely that-
(a) the applicant is not the owner of the variety; 
(h) the variety is not new or distinct at the pertinent 
dates in, accordance with sections 6, 7 and 
30(3); 
(c) it is neither homogenous nor stable; 
(d) the variety denomination that the Registrar 
intends to register is inadmissible. 
(3) Where the opposition is justified the decision 
that a plant breeder's right 'be granted shall, subject to 
subsection (5), be revoked and the application rejected. 
(4) V/here the opposition is not justified, it shaH 
be rejected. 
(5) Where the opposition based on the claim that 
the variety denomination is inadmissible is justified, the 
Registrar shaH revoke the decision that a breeder's right 
be granted and shaH reopen the granting procedure by 
requesting the applicant ta submit another denomination, 
failing which he shall refuse the application. 
(6) Where no opposition is filed within the period 
specified in subsection (1) or if all oppositions filed within Proceedings 
before the 
Office. IPINIlIBLZ/PI2 
Page 31 
that period have been rejected, the Registrar shaH grant 
the breeder's fight and register the variety denomination. 
(7) The Registrar shall publish the grant of the 
breeder's right in a periodical. 
PART XII 
RULES ON PROCEEDINGS BEFORE THE 
OFFICE 
42. (1) The Registrar may, in any proceedings under 
this Act, conduct an oral hearing. 
(2) Hearings in proceedings concerning the 
assignment of an application, the transfer of a breeder's 
right or the invalidation or forfeiture of su ch right shall 
be public, unless the legitimate interests of any person 
might be prejudiced thereby. 
(3) In proceedings before the Registrar evidence 
may be obtained either by hearing any of the parties to 
the proceedings, or experts or witnesses, or by requesting 
the competent court of the country of residence of the 
person concerned to take such evidence. 
(4) Evidence may also be obtained by requesting 
the submission of documents and other information by, or 
in the possession of, any party to the proceedings, or 
information from another government authority, an expert 
opinion, by inspecting the installations of any party to the 
proceedings with that party's consent, or by requesting the 
submission of a sworn statement in writing by any party 
to the proceedings or by any witness or expert. 
(5) A decision of the Registrar may be based only 
on grounds or evidence on which any party to the 
proceedings whose rights are affected by that decision has 
had an opportunity to submit his comments. IPINIlIBLZIP12 
Page 32 
(6) Facts or evidence which are not submitted when 
requested by any party to the proceedings may be 
disregarded by the Registrar. 
(7) Unless stated to the contrary in this Act, the 
Registrar may commence the necessary investigations of 
his own volition and he shall not be restricted to the facts, 
evidence or arguments provided by any party to the 
proceedi ngs. 
(8) Any interested person may submit observations 
. or suggestions to the Registrar concerning any proceedings 
pending before him, but that person shall not become a 
party to those proceedings by the mere fact of su ch 
submission. 
(9) Observations and suggestions thus submitted 
shall be communicated in writing to the applicant or the 
holder of the breeder's right as the case may be. 
(10) The Registrar shall confirm the receipt of su ch 
observations or suggestions in writing but need not inform 
the pers on having submitted them of any steps taken by 
him or of his opinion on the observations or suggestions 
submitted. 
PART XIII 
APPEALS AND ENFORCEMENT PROCEEDINGS 
43. (l) Any pers on aggrieved by a decision of the Appeals. 
Registrar under this Act may appeal against that decision 
to the Court. 
(2) The appeal shall be filed not more than three 
months after the Registrar has notified the appellant of his 
decision or, where no notification has been made to him, 
not more than three months after the publication of the 
decision in the periodical. Civil 
proceedings. 
Criminal 
li ab ilit y for 
non-
compliancc or 
misuse of 
variety 
denomination. IP/N/lIBLZIP/2 
Page 33 
44. (1) Subject to this Act, infringements of the right 
of the holder of a breeder's right shall be actionable in the 
Court at the suit of the holder of that right. 
(2) In any proceedings for an infringement, the 
plaintiff in proceedings for infringement shall be entitled 
to relief by way of-
(a) an injunction to prohibit the committing or 
cDntinuation of committing an infringement 
of the holder of the breeder's right set out in 
section 17; 
(h) forfeiture, seizure or destruction of 
propagating material which has been produced 
in contravention of a breeder's right; and 
(c) of damages taking into account the pecuniary 
and non-pecuniary loss suffered by the holder 
of the breeder's right. 
(3) Where the person alleged to have infringcd a 
right did not know or could not reasonable be expected 
to know' that he was engaged in an activity that infringed 
a right, the Court may limit damages to the profits 
attributable to the infringement. 
(4) The Court shall not, in respect of the same 
infringement, both award the holder of the breeder's right 
damages and order that he be given an account of profits. 
45. (1) Any person who wilfully offers for sale or 
markets propagating material of a variety protected in 
Belize or a denomination likely to cause confusion 
therewith, or another variety of the same botanical or a 
related species commits an offence and is liable to a fine 
of not less th an five thousand dollars but not more than 
fifteen thousand dollars. IP/N/1/BLZ/P/2 
Page 34 
(2) Any pers on who wilfully makes use of the 
registered variety denomination of a variety protected in 
Belize or a denomination likely to cause confusion 
therewith, or another variety of the same botanical or a 
related species commits an offence and is liable to a fine 
of not less than five thousand dollars but not more than 
fifteen thousand dollars. . 
PART XIV 
LICENCES AND LEGAL PROCEEDINGS BY 
LI CENSEE 
46. (1). The applicant for or the holder of a breeder's 
right may grant to any pers on an exclusive or a non­
exclusive licence relating to aIl or any of the rights provided 
for under this Act. 
(2) The licence contract shaH be in writing. 
(3) A licence contract shall be registered by the 
Registrar and shaH have no effect against a third party until 
it has been registered. 
(4) The grant of an exclusive licence shall be 
published in a periodical. 
47. In the absence of any provision to the contrary in 
a licence contract, the grant of a licence .shaH not prevent 
the licensor from granting further licences to third parties 
or from exploiting the variety himself. 
48. In the absence of provisions to the contrary in a 
licence contract, rights granted therein shaH not be assigned 
ta a third party by the licensee. 
49. A clause in a licence contract or relating to such 
a contract shaH be null and void in so far as it imposes 
upon the licensee restrictions that do not derive from the Licence 
contracl~. 
Right of 
Iicensor to 
grant further 
licences or to 
exploit the 
variety. 
Non­
assignabilityof 
licences. 
Certain clauses 
in contract 
void. Licences of 
right. 
Compulsory 
licences. IP/NIl/BLZIP/2 
Page 35 
rights conferred by the breeder's right or are unnecessary 
for the safeguarding of the right. 
50. (1) Any holder of a breeder's right or any applicant 
for the grant of a breeder's right may declare that any 
pers on prepared to pay a royalty is entitled to use his 
variety as from the date on which he has informed the 
holder or applicant accordingly. 
(2) The declaration shall be addressed to the Registrar 
and a reference to that effect shall be entered in the 
Register. 
(3) The royalty payable by the licensee of right shall 
be stated in the declaration to which subsection (1) refers, 
and shall also be entered in the Register. 
(4) After the entry in the Register, the holder of 
the breeder's right shall pay only half of the prescribed 
renewal fees. 
(5) The RegistraI' may cancel the entry, under 
subsection (2) at the request of the holder of the breeder's 
right if aIl beneficiaries agree. 
51. (1) At any time after the expiration of three years 
from the date of grant of a breeder's right under this Act,·. 
any interested pers on may apply to the Court for the grant 
of a compulsory licence in respect of any breeder's right 
on the ground that it is necessary to safeguard the public 
interest in Belize. 
(2) Subject to subsection (4), (5) and (6), where 
the Court is satisfied that the ground referred ta in subsection 
. (1) is established, the Court may make an order for the 
grant of the licence in accordance with the application on 
such terms as it thinks fit. IP/NllIBLZ/P/2 
Page 36 
(3) A licence granted under this section shall confer, 
on the owner, the non-exclusive right to perform any 
activity referred to in section 17 for the supply of the 
national market. 
(4) Any person to whom a licence is granted un der 
this section shall pay the licensor the remuneration agreed 
upon or determined by a method agreed upon between that 
person and the licensor or in default of agreement, as is 
determined.by the Court on the application of either party. 
(5) The Court may require the holderofthe breeder's 
right to hold available for the owner of the compulsory 
licence the amount of propagating material necessary for 
making reasonable use of the compulsory licence against 
payment of adequate remuneration to the holder of the 
right and under conditions which are economically 
acceptable ta him. 
(6) A licence shaH not be granted un der this section 
unless:-
(a) the applicant for the licence is financially able 
and otherwise in a position to exploit the 
breeder's right in a competent and business 
like manner, and must be prepared ta do so; 
(h) the holder of the breeder's right has refused 
to permit the applicant for the licence ta 
produce or market propagating material of the 
protected variety in a manner sufficient for 
the needs of the general public as referred to 
in subsection (l) or is not prepared to give 
such permission under reasonable terms; and 
(c) the applicant for the compulsory licence has 
paid the prescribed fee for the grant of such 
licence. Legal 
proceedings by 
licensee. 
Regulations. (7) The duration of the licence shaH be fixed by 
the Court and shall not, except un der extraordinary 
circumstances, be granted for less than two or more than 
four years, but the period may be extended if the Court 
is satisfied, on the basis of a new application, that the 
conditions for granting a compulsory licence continue to 
exist after the expiration of the first period. 
(8) Before granting a compulsory licence, the Court 
may hear the' national non-governmental organisations in 
the field of plant breeding and the seed trade. 
(9) Where the Court is satisfied that the grounds 
on which any licence granted under this section have 
ceased to exist or that its owner has failed to comply with 
the conditions under which it was granted it may on the 
application of any interested party terminate such licence. 
52. (1) Any licensee under a contractual or compulsory 
licence or a licensee of right may request the licensor to 
institute legal action necessary to obtain civil remedies or 
criminal penalties in respect of any infringement of the 
breeder's right indicated by the licensee. 
(2) Where the licensor refuses or neglects to institute 
the said legal action within three months after the request 
has been made, the licensee may institute such action in 
his own name, without prejudice to the right of the licensor 
to intervene if su ch action is civil in nature. 
PART XV 
GENERAL PROVISIONS 
53. (1) The Minister may, make regulations for any 
matter required to be prescribed by this Act. IP/N/lIBLZ/P/2 
Page 37 IP/N/IIBLZIP/2 
Page 38 
(2) Without prejudice to subsection (1), regulations 
made by the Minister under this section may provide for 
the following:-
(a) the procedure of the Office in respect of the 
receiving and handling of applications, the 
conduct of the examination of varieties and 
of variety denominations, the handling of 
oppositions, the grant of breeder's rights, and 
. the refusai of applications; 
(b) the invalidation or forfeiture ofbreeder's rights, 
the assignment of an application or the transfer 
of a breeder's right to the owner of the variety 
and the cancellation ofvariety denominations; 
(c) the maintenance and conservation of samples, 
the cooperation with germ-plasm banks or 
other institutions for the conservation of 
genetic material; 
(d) the establishment and maintenance of a variety 
register and the receiving and filing of any 
document concerning breeder's rights; 
(e) the amounts and the collection of ail fees 
provided for under this Act; 
(j) the making of additional rules to prevent the 
use of the same or confusing denominations 
for more than one variety and to regulate the 
relationship between variety denominations 
and trademarks; 
(g) the administration of the Register provided 
for un der section 3 inc1uding the determination 
of the f<lcts to be registered; and (h) any other matter necessary for giving effect 
to the purpose of this Act or relating to the 
administration of this Act. 
(3) In compiling the list of genera or species required 
to be published under this Act, the Minister may exclude 
aIl varieties of that genus or species which are not 
characterised by a particular manner of reproduction or 
multiplication or by a certain end-use. IP/N/l/BLZIP/2 
Page 39 
(4) Where a genus or species is deleted from the 
list of genera and species to which this Act applies with 
effect from a given date, the deletion shaIl not affect the 
rights of applicants who have filed applications for the 
protection of varieties of that genus or species before that 
date. 
Conuncncement. 54. This Act or any provisions thereof shall come into 
force on such day as the Minister may by Order published 
in the Gazette appoint.