WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPINIlIHKGIP16 
20 March 2000 
(00-1144) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
HONG KONG, CIllNA 
The present document reproduces the textl of the Plant Varieties Protection Regulation 1997, 
as notified by Hong Kong, China under Article 63.2 of the Agreement (see document IPINI1IHKG/2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
HONG KONG, CHINE 
Le present document contient le texte1 du Reglement de 1997 sur la protection des varietes 
vegetales, notifie par Hong Kong, Chine au titre de l'article 63:2 de l'Accord (voir le document 
IPINIlIHKG/2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL P ARRAFo 2 
DEL ARTicULO 63 DEL ACUERDO 
HONG KONG, CIllNA 
En e1 presente documento se reproduce el textol del Reglamento de Protecci6n de las 
Obtenciones Vegetales de 1997 notificado por Hong Kong, China en virtud del parrafo 2 del 
articulo 63 del Acuerdo (v ease el documento IPINIlIHKG/2). 
1 In English only.lEn anglais seulement.lEn ingles solamente. IP/N/IIHKG/P/6 
Page 2 
Chapter: 490A Title: PLANT VARIETIES Gazette Number: L.N. 493 of 
PROTECTION REGULATION 1997 
Heading: Empowering section Version Date: 24/1011997 
(Cap 490 section 42) 
[24 October 1997] L.N. 493 of 1997 
(L.N. 279 of 1997) 
Chapter: 490A Title: PLANT VARIETIES Gazette Number: L.N. 493 of 
PROTECTION REGULATION 1997 
Section: 1 Heading: (Omitted as spent) Version Date: 24/l 0/1997 
(Omitted as spent) 
Chapter: 490A Title: PLANT VARIETIES Gazette Number: L.N. 493 of 
PROTECTION REGULATION 1997 
Section: 2 Heading: Interpretation Version Date: 24/10/1997 
In this Regulation, unless the context otherwise requires­
"relevant variety"-
Chapter: 
Section: (a) in relation to an application for a grant of plant variety rights under the Ordinance, means 
the variety which is the subject of the application; 
(b) in relation to an application for a declaration under section 31 (1 )(b) of the Ordinance that a 
variety (lithe other variety") is an essentially derived variety from another variety (lithe initial 
variety"), means the variety which is the subject ofthe application, and includes-
(i) the initial variety; and 
(ii) the other variety. 
490A Title: PLANT VARIETIES Gazette Number: L.N. 493 of 
PROTECTION REGULATION 1997 
3 Heading: Prescribed periods for Version Date: 2411011997 
giving descriptions, 
material and information 
An applicant shall-
(a) give to the Registrar the description in respect of the relevant variety as required by section 
13(2)(a) of the Ordinance within 7 days after making the application; 
Cb) give to the Registrar the proposed denomination for the relevant variety as required by 
section 13(2)(b) of the Ordinance within 2 months after making the application; 
(c) furnish the Registrar pursuant to section 13(3) of the Ordinance with the result of any test of 
the relevant variety undertaken or commissioned by the applicant with the approval of or as 
required by the Registrar under section 4(1) within 12 months after being requested by the 
Registrar to so furnish; 
(d) furnish the Registrar pursuant to section 13(3) of the Ordinance with the result of any test of 
the relevant variety obtained by the applicant with the approval of or as required by the 
Registrar under section 4(1) within 2 months after being requested by the Registrar to so 
furnish; 
(e) furnish the Registrar with the reproductive material and other information (except the result 
of any test of the relevant variety referred to in paragraphs (c) and (d» pursuant to section 
13(3) of the Ordinance within 2 months after being requested by the Registrar to do so, 
or within such longer period as the Registrar may allow under section 9. Chapter: 490A Title: 
Section: 4 Heading: IPINIlIHKGIP16 
Page 3 
PLANT VARIETIES Gazette Number: L.N. 493 of 
PROTECTION REGULATION 1997 
Testing of plant varieties Version Date: 24110/1997 
(1) In considering an application for a grant or an application for a declaration under section 31 (1 )(b) 
of the Ordinance, the Registrar, in order to satisfy himself that-
(a) (in the case of an application for a grant) the relevant variety is new, distinct, stable and 
homogeneous within the meaning of section 18 of the Ordinance; or 
(b) (in the case of an application for a declaration under section 31 (1 )(b) of the Ordinance) the 
other variety (as referred to in the definition of "relevant variety" in section 2) is an 
essentially derived variety from the initial variety (as referred to in the definition of "relevant 
variety" in section 2) within the meaning of section 31 of the Ordinance, 
may, if he thinks fit-
(i) upon the request of the applicant, commission any test of the relevant variety, and at his 
absolute discretion examine and evaluate the result of such test; 
(ii) approve at his absolute discretion and on such conditions as he may impose or approve the 
applicant's undertaking or commissioning at the applicant's own cost of any test of the 
relevant variety, and at his absolute discretion examine and evaluate the result of such test; 
(iii) require the applicant to undertake or commission any test of the relevant variety at the 
applicant's own cost and on such conditions as the Registrar may impose or approve, and at 
his absolute discretion examine and evaluate the result of such test; 
(iv) upon the request of the applicant, obtain the result of any test of the relevant variety already 
conducted by a person or body independent of the applicant, and at his absolute discretion 
examine and evaluate such result; 
(v) approve at his absolute discretion and on such conditions as he may impose or approve the 
applicant's obtaining at the applicant's own cost of the result of any test of the relevant 
variety already conducted by a person or body independent of the applicant, and at his 
absolute discretion examine and evaluate the result of such test; 
(vi) require the applicant to obtain at the applicant's own cost the result of any test of the 
relevant variety already conducted by a person or body independent of the applicant that 
complies with such conditions as the Registrar may impose or approve in relation to the test, 
and at his absolute discretion examine and evaluate such result. 
(2) The Registrar may disregard the result of any test of the relevant variety undertaken or 
commissioned by the applicant with the approval of or as required by the Registrar under subsection (1) 
unless the conditions on which the Registrar approved the applicant's undertaking or commissioning the test 
or on which the applicant was required to undertake or commission the test (as the case may be), were 
complied with. 
(3) The Registrar may disregard the result of any test of the relevant variety obtained by the 
applicant with the approval of or as required by the Registrar under subsection (I) unless the conditions on 
which the Registrar approved the applicant's obtaining the result were complied with or unless the test 
complies with the conditions imposed or approved by the Registrar in relation to the test (as the case may 
be). 
(4) The applicant shall make payment to the Registrar of such sum as is necessary to defray any 
costs and expenses incurred by the Registrar in relation to the test of the relevant variety commissioned by 
the Registrar under subsection (1) or in relation to the obtaining by the Registrar of the result of any test of 
the relevant variety under that subsection, and such payment shall be made at such time and in such manner 
as the Registrar may require. 
(5) If the applicant fails to make the payment to the Registrar as required by subsection (4), the 
application shall be deemed to be withdrawn by the applicant on the expiration of the period within which 
the Registrar requires such payment to be made, and section 15(2) of the Ordinance shall apply accordingly. IP/N/1/HKGIP16 
Page 4 
Chapter: 490A Title: PLANT VARIETIES Gazette Number: L.N. 493 of 
PROTECTION REGULATION 1997 
Section: 5 Heading: Requirements for proposed Version Date: 2411 0/1997 
denominations 
(1) The Registrar shall not approve a proposed denomination for a variety if it appears to him that­
(a) it does not enable the variety to be identified; 
(b) it is not in such script, characters, figures or punctuation marks as required by subsection 
(2); 
(c) it is liable to give offence; 
(d) it is liable to mislead a person of average attentiveness concerning the origin, derivation, 
characteristics, value or identity of the variety, or the identity of the person who bred or 
discovered or developed the variety; 
(e) it is liable to cause confusion concerning the origin, derivation, characteristics, value or 
identity of the variety, or the identity of the person who bred or discovered or developed the 
variety; 
(t) it is identical, or can be confused, with a denomination Or designation under which another 
existing variety of the same or of a related botanical species is registered in Hong Kong or in 
a UPOV country for the purposes of protection of plant variety rights; 
(g) it is identical, or can be confused, with a denomination or designation under which another 
existing variety of the same or of a related botanical species has previously been registered in 
Hong Kong or in a UPOV country for the purposes of protection of plant variety rights, 
where the protection afforded by the registration is no longer in force; 
(h) it is identical, or can be confused, with any designation in which any other person has a prior 
right that prohibits its use as a denomination of the variety; 
(i) it refers solely to attributes which are also common in other varieties of the species 
concerned; 
(j) it consists of a botanical or common name of a genus or species, or includes such a name, 
where this is likely to mislead or cause confusion; 
(k) it suggests that the variety is derived from or related to another variety when this is not the 
case; or 
(I) it includes all or any of the following words or translation thereof in botanical sense in other 
languages-
(i) "variety"; 
(ii) "cultivar"; 
(iii) "form"; 
(iv) "hybrid"; 
(v) "cross"; 
(2) (a) If a variety is one in respect of which no equivalent application has been made in a UPOV 
country under the law of that country, the proposed denomination for that variety-
(i) shall be in English script or Chinese characters; and 
(ii) may consist of figures or punctuation marks or both in addition to such script or 
characters. 
(b) If a variety is one in respect of which an equivalent application has been made in a UPOV 
country under the law of that country and that application has been accepted, the proposed 
denomination for that variety shall be-
(i) in case the original denomination of that variety is in Chinese characters, whether with 
or without figures or punctuation marks in addition thereto, the same as that original denomination; IPINIlIHKGIP16 
Page 5 
(ii) in case the original denomination of that variety is in Roman script, whether with or 
without figures or punctuation marks in addition thereto, the same as that original 
denomination; 
(iii) in case the original denomination of that variety is in non-Roman script (other than 
Chinese characters), whether with or without figures or punctuation marks in addition 
thereto-
(A) a sufficient transliteration or translation of that original denomination in English 
script, with such corresponding figures or punctuation marks or both as 
appropriate, to the satisfaction of the Registrar; or 
(B) a sufficient transliteration or translation of that original denomination in Chinese 
characters, with such corresponding figures or punctuation marks or both as 
appropriate, to the satisfaction of the Registrar. 
(c) For the purposes of this subsection-
"equivalent application" means an application in a UPOV country under the 
law of that country that is equivalent to an application for a grant in Hong Kong; 
"original denomination" means the denomination or designation of a variety for 
the purposes of an equivalent application in a UPOV country. 
(3) If the Registrar does not approve a proposed denomination pursuant to subsection (1), the 
Registrar shall inform the applicant of the ground for not approving the proposed denomination and require 
him to propose within 1 month another denomination for the variety. IPINIlIHKG/P/6 
Page 6 
Chapter: 490A Title: 
Section: 6 Heading: PLANT VARIETIES Gazette Number: L.N. 493 of 
PROTECTION REGULATION 1997 
Register of Plant Variety 
Rights Version Date: 24110/1997 
(1) The Registrar shall maintain the Register of Plant Variety Rights under section 8(1) of the 
Ordinance in such form as the Registrar considers appropriate, and shall make it available for inspection at 
this office by any member of the public during such hours of business as he may specify. 
(2) The Registrar shall, in relation to an application for a grant, the making of which has been 
notified in the Gazette under section 13(6)(a) ofthe Ordinance, enter in the register the following particulars 
(a) the name of the species of the relevant variety; 
(b) the proposed denomination of the relevant variety or the applicant's reference for identifying 
the relevant variety; 
(c) the application number assigned by the Registrar to the application; 
(d) the date on which the provisional protection took effect under section 17 of the Ordinance; 
(e) the name and address of the applicant and if the applicant is not the person who bred or 
discovered or developed the relevant variety, the name and address of such person; 
(t) the Registrar's decision of making or declining to make the grant applied for, as and when 
such decision is made, and the date of such decision; and 
(g) such other particulars as the Registrar considers to be important or useful. 
(3) The Registrar shall, in relation to an application for a declaration under section 31(1)(b) of the 
Ordinance, the making of which has been notified in the Gazette under section 13(6)(a) of the Ordinance, 
enter in the register the following particulars-
(a) the name of the species of the relevant variety; 
(b) the proposed denomination of the other variety (as referred to in the definition of "relevant 
variety" in section 2) or the applicant's reference for identifying such variety; 
(c) the application number assigned by the Registrar to the application; 
(d) the date on which the provisional protection took effect under section 17 of the Ordinance; 
(e) the name and address of the applicant; 
(t) the Registrar's decision of making or declining to make the declaration applied for, as and 
when such decision is made, and the date of such decision; and 
(g) such other particulars as the Registrar considers to be important or useful. 
(4) The Registrar shall, in relation to a grant, enter in the register the following particulars­
(a) the grantee's name and address; 
(b) the date of the grant; 
(c) the duration of the grant; 
(d) the denomination approved by the Registrar for the protected variety; 
(e) the reference number under which the description of the protected variety's distinctive 
features are filed in the Registrar's file record kept under subsection (8); 
(t) details of every permission or order made under section 29 of the Ordinance in respect of 
the protected variety; 
(g) details of any cancellation of the grant; 
(h) where the Registrar is satisfied that any person other than the original grantee has become 
entitled to the grant or to a share in the rights of the grant, details of the entitlement; 
(i) where the grant was made pursuant to a priority accorded under section 20 of the 
Ordinance, details of the equivalent application concerned; and 
(j) such other particulars as the Registrar considers to be important and useful. 
(5) A grantee who has changed his name or address shall apply to the Registrar in writing for 
amendment of the register accordingly, and shall, if required, furnish the Registrar with documentary 
evidence in support of the change in name or address. 
(6) On the application of a person for the rectification of an error or omission in the register, the 
Registrar may, if he opines that the rectification may affect the interest of any person (other than the person IP/NI1 IHKGIP16 
Page 7 
making the application for rectification), publish details of it in the Gazette before making a decision. 
(7) Any document delivered to, served on or given to the Registrar in connection with any 
application may be amended with the consent of the Registrar after application in writing made to him by 
the person by whom or on whose behalf the document has been delivered, served or given. 
(8) The Registrar shall keep a file record of the description of the distinctive features of the protected 
varieties and shall hold the same available for public inspection at his office during such hours of business as 
he may specify. 
Chapter: 490A Title: 
Section: 7 Heading: PLANT VARIETIES Gazette Number: L.N. 493 of 
PROTECTION REGULATION 1997 
Copies and extracts from 
register Version Date: 24110/1997 
(1) Any person who applies for a certified copy or an uncertified copy (as the case may be) of an 
entry in the register or a certified extract or an uncertified extract (as the case may be) from the register shall 
be entitled to obtain such a copy or extract on payment of the prescribed fees. 
(2) In this section-
"certified copy" means a copy certified by the Registrar and sealed with the seal of the 
Registrar; 
"certified extract" means an extract certified by the Registrar and sealed with the seal of the 
Registrar. 
Chapter: 490A Title: PLANT VARIETIES Gazette Number: L.N. 493 of 
PROTECTION REGULATION 1997 
Section: 8 Heading: Certain information to be Version Date: 24/10/1997 
published in the Gazette 
(1) As soon as practicable after the Registrar has decided­
(a) to make or decline to make a grant; or 
(b) to make or decline to make a declaration under section 31 (1)(b) of the Ordinance, 
the Registrar shall advertise his decision in the Gazette. 
(2) As soon as may be after 1 January of every year, the Registrar shall prepare and publish in the 
Gazette a list of the relevant varieties and the protected varieties that have been entered in the register in the 
preceding year under section 6(2), (3) and (4) and are still in force as at that date. 
Chapter: 490A Title: PLANT VARIETIES Gazette Number: L.N. 493 of 
PROTECTION REGULATION 1997 
Section: 9 Heading: Extension of time limit Version Date: 24/10/1997 
(1) Where any document or thing is to be delivered, served or given or any act is to be done within a 
time limit specified by the Registrar, or prescribed by or required under this Regulation, such time limit may, 
upon application in writing made to the Registrar by the person required to deliver, serve or give the 
document or thing or do the act, be extended by the Registrar for such period and upon such terms, if any, 
as he thinks fit if in all the circumstances of the case he considers it reasonable to do so. 
(2) The Registrar shall give to a person making an application in accordance with subsection (1) 
notice of his decision to extend or to refuse to extend the time limit in question. IPINIlIHKG/P/6 
Page 8 
Chapter: 490A Title: PLANT VARIETIES Gazette Number: L.N. 493 of 
PROTECTION REGULATION 1997 
Section: 10 Heading: Service of documents Version Date: 24/1 0/1997 
Cl) An applicant or grantee shall file with the Registrar an address for service within Hong Kong. 
(2) An applicant or grantee may at any time change his address for service by notice in writing to the 
Registrar. 
(3) Any document or thing required or authorized by this Regulation to be delivered to, served on or 
given to any person other than the Registrar may be delivered, served or given by being delivered to him 
personally, left for him at his address for service or sent to him there by post. 
(4) Any document or thing required or authorized by this Regulation to be delivered to, served on or 
given to the Registrar may be delivered, served or given by being left for the Registrar, or sent to the 
Registrar by post, at his office or at such other place as the Registrar may have required in writing. 
(5) Any document or thing sent by post in accordance with subsection (3) or (4) shall be deemed to 
have been received at the time when the letter, properly addressed and postage prepaid, containing it would 
be delivered in the ordinary course of post. 
Chapter: 490A Title: PLANT VARIETIES Gazette Number: L.N. 493 of 
PROTECTION REGULATION 1997 
Section: 11 Heading: Translation of documents Version Date: 24/1 0/1997 
Remarks: 
Amendments retroactively made-see 25 of 1998 s. 2 
Cl) Where any document submitted to the Registrar pursuant to the provisions of the Ordinance or 
this Regulation is in a language other than the English or the Chinese language, it shall, unless the Registrar 
otherwise directs, be accompanied by a complete and adequate translation into the English or the Chinese 
language. 
(2) A translation of any document submitted to the Registrar shall be made by a qualified person and 
shall be certified by such person to be a full and correct translation of the document. 
(3) A person making the translation is a qualified person if he is certified by the appropriate person 
mentioned in paragraphs (a) and (b) to be believed by such appropriate person to be competent to translate 
the document into the English or the Chinese language (as the case may be), that is to say-
(a) if the translation is made outside Hong Kong-
(i) a notary public in the place where the translation is made; or 
(ii) such other person as may be specified by the Registrar; 
(b) if the translation is made in Hong Kong-
(i) a notary public in Hong Kong; 
(ii) a solicitor of the High Court; or (25 of 1998 s. 2) 
(iii) such other person as may be specified by the Registrar. 
(4) The Registrar may in any particular case, if he thinks fit to do so and upon such conditions as he 
thinks fit, permit translations to be submitted to him though not certified in accordance with the above 
requirements. Chapter: 490A Title: 
Section: 12 Heading: IPINIlIHKGIP16 
Page 9 
PLANT VARIETIES Gazette Number: L.N. 493 of 
PROTECTION REGULATION 1997 
Allowances for advisers Version Date: 2411011997 
(1) A person appointed by a court under section 35(1) of the Ordinance to be an adviser in relation 
to any appeal is entitled to receive as-
(a) remuneration by way of allowances, for his services as an adviser in relation to that appeal; 
and 
(b) payment of travelling allowances in respect of time spent travelling in connection with 
undertaking such services, 
an allowance of $1690 for each day he is necessarily absent from his place of residence, business or 
employment for the purposes of sitting with the court as an adviser in relation to that appeal. 
(2) If the person sits with the court as an adviser in relation to that appeal on any day, and the period 
during which he is necessarily absent from his place of residence, business or employment for the purposes 
of sitting with the court as such adviser does not exceed 4 hours, his allowance shall be $845. 
Chapter: 490A Title: PLANT VARIETIES Gazette Number: L.N. 493 of 
PROTECTION REGULATION 1997 
Section: 13 Heading: Objections before grant Version Date: 2411 0/1997 
(1) If an objection is made under section 14 of the Ordinance, the objector shall upon the Registrar's 
request furnish the Registrar within 1 month after being requested by the Registrar with-
(a) a statement of the grounds upon which the objector makes his objection; 
(b) particulars of any evidence by way of a statutory declaration in support of the objector's 
objection; and 
(c) any other information that the Registrar thinks relevant and requests from the objector. 
(2) If the objector fails to comply with subsection (1), he shall, unless the Registrar otherwise directs, 
be deemed to have abandoned his objection. 
(3) The Registrar shall within 14 days of being furnished with the matters referred to in subsection 
(1)-
(a) send to the applicant concerned a copy of such matters; and 
Cb) send to the applicant concerned and the objector notice of a date and time when he will hear 
argument in the case, which date shall, unless the applicant concerned and the objector 
consent to shorter notice, be at least 14 days after the date of the notice. 
(4) If the applicant concerned or the objector fails to appear before the Registrar on the date and at 
the time for hearing argument referred to in subsection (3)(b), the Registrar may-
Chapter: 
Section: (a) if he is satisfied that the failure to appear is due to reasonable cause, adjourn the hearing of 
argument to a date and time that he thinks fit; or 
(b) proceed to hear argument from the party appearing before him and make a decision without 
hearing argument from the party who fails to appear. 
490A Title: PLANT VARIETIES Gazette Number: L.N. 493 of 
PROTECTION REGULATION 1997 
14 Heading: Fees Version Date: 2411 0/1997 
The fees set out in Schedule 1 are prescribed for the matters set out in that Schedule and shall be paid 
at such time and in such manner as the Registrar may specify. IP/N/lIHKG/P/6 
Page 10 
Chapter: 490A Title: PLANT VARIETIES Gazette Number: L.N. 493 of 
PROTECTION REGULATION 1997 
Section: 15 Heading: Species prescribed Version Date: 24/10/1997 
The species set out in Schedule 2-
(a) are prescribed for the purposes of section 22(2) of the Ordinance; and 
(b) are those in respect of which every grant shall be in force for a term of 25 years under 
section 22(2) of the Ordinance. 
Chapter: 490A Title: PLANT VARIETIES Gazette Number: L.N .493 of 
PROTECTION REGULATION 1997 
Section: 16 Heading: Appeal Version Date: 2411 0/1997 
A notice of appeal filed under section 34(1) of the Ordinance shall be in the form set out in Schedule 
3. 
Chapter: 490A Title: PLANT VARIETIES Gazette Number: L.N.493 of 
PROTECTION REGULATION 1997 
Section: 17 Heading: Reproductive material Version Date: 24/1011997 
(1) For the purposes of section 13(1)(a) of the Ordinance, the quantity of reproductive material set 
out in column 3 of Schedule 4 is prescribed in respect of the kind of variety set out opposite such quantity in 
column 2 of that Schedule. 
(2) For the purposes of section 18(9)(b) of the Ordinance, the stock of reproductive material in 
relation to a variety which is required to be maintained is the stock set out in column 3 of Schedule 5 
opposite the variety concerned set out in column 2 of that Schedule. 
Chapter: 490A Title: PLANT VARIETIES Gazette Number: L.N. 493 of 
PROTECTION REGULATION 1997 
Schedule: 1 Heading: FEES Version Date: 24/1011997 
Item Matter 
1. An application under section 13(1) of the Ordinance 
2. Fee for a grant, as mentioned in section 18(2)(c) of the Ordinance 
3. A request under section 29(1) of the Ordinance 
4. An application under section 31 (1) of the Ordinance 
5. Obtaining uncertified copy or extract of an entry in the register 
6. Obtaining certified copy or extract of an entry in the register 
7. Annual grant fee, as mentioned in sections 18(9)(a) and 24(2)(g) of the 
Ordinance, in relation to any variety [section 14] 
Amount 
$3960 
$260 
$2270 
$3960 
$18 per copy or 
extract 
$165 per certified 
copy or extract 
$1470 Chapter: 490A Title: 
Schedule: 2 Heading: 
1. Any species of tree 
2. Any species of vine IPINIlIHKGIP16 
Page 11 
PLANT VARIETIES Gazette Number: L.N. 493 of 
PROTECTION REGULATION 1997 
SPECIES IN RESPECT OF Version Date: 
wmCH DURATION OF 
GRANT IS 25 YEARS 24/1011997 
[section 15] IPINIlIHKGIP16 
Page 12 
Chapter: 4-90A Title: PLANT VARIETIES Gazette Number: L.N. 493 of 
PROTECTION REGULATION 1997 
Schedule: 3 Heading: NOTICE OF APPEAL Version Date: 2411 0/1997 
Remarks: 
Amendments retroactively made-see 25 of 1998 s. 2 
[section 16] 
PLANT VARIETIES PROTECTION ORDINANCE (Cap 490) 
NOTICE OF APPEAL 
Appeal No. of 19 
BETWEEN 
................................................................................................................ Appellant (a) 
and 
Registrar of Plant Variety Rights Respondent 
TO THE COURT OF FIRST INSTANCE, 
Take notice that I1we .................................................... , do hereby give notice to appeal 
under section 32 of the Plant Varieties Protection Ordinance against the decision made by the 
Registrar of Plant Variety Rights. 
On appeal from the decision of the Registrar of Plant Variety Rights given on .................. . 
....................... whereby it was decided that: 
1 ........................................................................................................................................ .. 
2 ......................................................................................................................................... . 
For an order that the decision may be set aside and that: 
1 ........................................................................................................................................ .. 
2 ........................................................................................................................................ .. 
And further take notice that the grounds of this appeal are that: 
1 ........................................................................................................................................ .. 
2 ......................................................................................................................................... . 
3 ......................................................................................................................................... . IP/N/l/HKGIP16 
Page 13 
4 ......................................................................................................................................... . 
Dated this ............. day of .............. 19 ............ .. 
(Signature of Appellant) 
(b) Filed this ................. day of ................ 19 ................ .. 
Registrar, High Court 
L.S. 
This Notice was taken out by: ............................................................................................... . 
Address for service: .................................................................................................... .. 
Telephone No.: ............................................................................................................ . 
Note: 
(a) An appellant may begin and carry on an appeal in the court by a solicitor or in person. Where an 
appeal is begun and carried on by a person being a body corporate, by an officer or a director of the 
body corporate authorized in that behalf, a copy of the resolution referred to in section 33(2) of the 
Plant Varieties Protection Ordinance shall be filed at the office of the Registrar of the High Court. 
(b) This Notice of Appeal must be filed at the office of the Registrar of the High Court within the time 
period as provided in section 32 of the Plant Varieties Protection Ordinance. A copy of this Notice 
must also be served on the Registrar of Plant Variety Rights. 
Indorsement of Service 
I did on ................... the ............. day of ....................... , 19 ........................ serve a true 
copy of Notice of Appeal on the Registrar of Plant Variety Rights by leaving the same at . 
[address of the Registrar's office] 
Dated this ............ day of ............ 19 ............ . IP/N/lIHKG/P/6 
Page 14 
[Signed) 
Name of Appellant/Solicitors for the Appellant 
(25 of 1998 s. 2) IP/N/l/HKGIP16 
Page 15 
Chapter: 490A Title: PLANT VARIETIES Gazette Number: L.N. 493 of 
1997 
24/1011997 PROTECTION REGULATION 
Schedule: 4 Heading: QUANTITY OF Version Date: 
REPRODUCTIVE 
MATERIAL TO 
ACCOMPANY 
APPLICA nON 
Item Kind of variety 
1. Tree 
2. Vine 
3. Edible fungus 
4. Edible microscopic alga 
5. Edible macroscopic alga that is propagated by spore 
6. Edible macroscopic alga that is not propagated by spore 
7. Gramineae that is propagated by seed 
8. Gramineae that is not propagated by seed [section 17(1)] 
Quantity of reproductive 
material 
Such quantity of 
reproductive material as 
is sufficient to produce 
40 plants 
Such quantity of 
reproductive material as 
is sufficient to produce 
40 plants 
1 gram (measured by 
dry weight) net of 
reproductive material 
1 gram (measured by 
dry weight) net of 
reproductive material 
1 gram (measured by 
dry weight) net of spore 
50 grams (measured by 
dry weight) net of 
reproductive material 
500 grams of seed 
2 kilograms of 
reproductive material 
9. Any kind of variety that is propagated by seed and does not fall within 500 grams of seed 
any item in items 1 to 8 
10. Any kind of variety that is not propagated by seed and does not fall 
within any item in items 1 to 8 Such quantity of 
reproductive material as 
is sufficient to produce 
60 plants IPINIlIHKGIP16 
Page 16 
Chapter: 490A Title: PLANT VARIETIES Gazette Number: L.N.493 of 
PROTECTION REGULATION 1997 
Schedule: 5 Heading: STOCK OF 
REPRODUCTIVE 
MATERIAL 
REQUIRED TO BE 
MAlNTAINED 
Item Variety 
1. Any variety of tree 
2. Any variety of vine 
3. Any variety of edible fungus 
4. Any variety of edible microscopic alga 
5. Any variety of edible macroscopic alga that is propagated by 
spore 
6. Any variety of edible macroscopic alga that is not propagated by 
spore 
7. Any variety of Gramineae that is propagated by seed 
8. Any variety of Gramineae that is not propagated by seed 
9. Any variety that is propagated by seed and does not fall within 
any item in items 1 to 8 
10. Any variety that is not propagated by seed and does not fall 
within any item in items 1 to 8 Version Date: 24/1011997 
[section 17(2)] 
Stock of reproductive material 
Such stock of reproductive 
material as is sufficient to 
produce 100 plants 
Such stock of reproductive 
material as is sufficient to 
produce 100 plants 
2 grams (measured by dry 
weight) net of reproductive 
material 
2 grams (measured by dry 
weight) net of reproductive 
material 
2 grams (measured by dry 
weight) net of spore 
100 grams (measured by dry 
weight) net of reproductive 
material 
1 kilogram of seed 
4 kilograms of reproductive 
material 
1 kilogram of seed 
Such stock of reproductive 
material as is sufficient to 
produce 120 plants