WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
0RGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/1/DMA/P/2 
18 June 2001 
(01-3003) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
DOMINICA 
The present document reproduces the text1 of the Protection of New Plant Varieties Act, Act 
No. 14 of 1999, as notified by Dominica under Article 63.2 of the Agreement (see document 
IP/N/l/DMA/1). 
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 
DOMINIQUE 
Le present document contient le texte1 de la Loin° 14 de 1999 sur la protection des obtentions 
vegetales, notifiee par la Dominique au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/1/DMA/l ). 
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 PARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
DOMINICA 
En el presente documento se reproduce el texto1 de la Ley de Proteccion de Obtenciones 
Vegetales, Ley N° 14 de 1999, notificado por Dominica en virtud del parrafo 2 del articulo 63 del 
Acuerdo (vease el documento IP/N/l/DMA/1). 
1 In English only./En anglais seulement./En ingles solamente. IP/N/l/DMA/P/2 
Page 2 
1999 PROTECTION OF 
NEW PIANT VARIETIES ACTI4 
COMMONWEALTH OF DOMINICA 
ARRANGEMENT OF SECTIONS 
SECTION 
PARTI 
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. 
PARTIV 
ASSIGNMENT AND TRANSFER OF THE APPLICATION 
OR OF THE BREEDER'S RiGHT 
15. Assignment and transfer. 
16. Joint applicants and joint holders of rights. PARTY 
SCOPE AND DURATION OF BREEDER'S RIGHTS 
17. Scope of the breeder's right. 
18. Exceptions to breederJs right. 
19. Exhaustion of breeder's right. 
20. Maintenance of propagating material. 
21. Period of protection. 
2J.,. Renewal fees. 
PART VI 
TERMINATION, INVALIDATION AND FORFEITURE 
23. Tenn_ination of protection. 
24. Invalidation. 
25. Forfeiture. 
PART VII 
PROCEPURE IN CASES OF REQUESTS FOR 
INVALIDATION AND FORFEITIJRE 
26. Procedure in cases of requests for invalidation. 
27. Procedure for forfeiture of breeder's right. 
PART VIII 
APPLICATIONS 
28. Application. 
29. Priority. 
30. Documents and material to be furnished for priority. 
31. Where appli~ation is not in English. 
PARTIX. 
VARIETY DENOMINATION 
32. Application and procedure for variety denomination. 
33. Use of the variety denomination. 
34. Prior rights of third parties. 
3~. Cancellation of a registered variety denomination. 
36. Filing date. IP/N/1/DMA/P/2 
Page 3 IP/N/1/DMA/P/2 
Page 4 
PARTX 
EXAMINATION OF THE APPLICATION 
37. Formal examination of application. 
38. Examination of novelty, distinctiveness, etc. 
39. Grant and refusal of breeder's right. 
40. Provisional protection. 
41. Opposition PARTXI 
OPPOSilJON 
PART XII 
RULES 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 contracts. 
4 7. 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/DMA/P/2 
Page 5 
COMMONWEALTH OF DOMINICA 
26th November, 1999 ACT No. 14 OF 1999 
I assent 
V.L. SHAW 
President 
AN ACT TO PROVIDE FOR THE PROTECTION OF NEW 
VARIETIES OF PLANTS AND FOR MATTERS 
RELATED THERETO. 
(Gazetted 2nd December,1999). 
BE IT ENACTED by the Parliament of the Commonwealth of 
Dominica as follows: 
PART I 
PRELIMINARY 
1. This Act may be cited as the-
PROTECTION OF NEW VARIETIES OF PI.ANTS 
ACT 1999. Short title. 
2. (1) For the purposes of this Act- . Interpretation. 
"Authority of a Contracting Party" means the Aut'hority 
entrusted with. the implementation of the law on the 
protection of new varieties of plants for that Party; . . IP/N/1/DMA/P/2 
Page 6 
"breeder" means the person who has bred or discovered and devel­
oped a variety; 
"Contracting Party" means a State other than Dominica 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 Octo­
ber 23, 1978 and the Act of March 19, 1991. 
"Convention" means the International Convention for the Protec-
tion of New Varieties of Plants of 1978 as last revised; 
"holder" means the holder of a breeder's right; 
"Minister" means the Minister responsible for plant varities; 
"Office" means the Companies and Intellectual Property Office 
Act No. 8 of 1999. established under section 3 of t~e Patents Act, 1999; 
"periodical" includes the Gazette, daily newspapers circulating in 
Dominica or other publication issued by the Companies and Intel­
lectual Property Office; 
"protected variety" means any variety that is the subject of a breed­
er's right; 
"Register" means the register of breeder's rights in which the mat­
ters specified in section 3 are required to be recorded; 
"Registrar" means the Registrar of Companies 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 of the characteristics re­
sulting from a given genotype or combination of geno­
types; 
(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. IP/N/1/DMA/P/2 
Page 7 
3. (1) For the purposes of this Act, the Office shall be respon- Administration. 
sible for all matters concerning the administration of this Act. 
(2) The Registrar shall main_tain a register, to be known as the 
Register of Plant Breeders' Rights, in which the following shall be 
entered -
(a) any grant of a breeder's right; 
(b) any change in the holder of that right; 
(c) any invalidation or forfeiture of the right; 
( d) any submission; registration, change or cancella­
tion of the variety denomination; 
( e) any licence of rfght or compulsory licence granted, 
with an indication of the conditions of such licences; 
and 
(f) the conclusion of any licence contract at the re­
quest of one of the parties to such contract. 
4. A person who has paid the prescribed fee shall be entitled; Examination 
during normal business hours, to examine the Register kept in ac-of Register. 
cordance 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 formal requirements Criteria for 
of this Act, a right to be known as a breeder's right shall be granted protection. 
in respect of plant varieties of those genera or species specified in 
the Regulations where the variety is -
(a) new; 
(b) distinct; 
(c) homogenous; 
( d) stable; and 
( e) given a variety denomination which is acceptable 
for registration in accordance with section 32. IP/N/1/DMA/P/2 
Page 8 
Novelty. 
Distinctness. 6. (1) Subject to subsection (2), a variety shall be considered 
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-
(a) in Dominica, for longer than one year before the 
date on which protection is applied for under this 
Act; and 
(b) outside Dominica, for ·1onger 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 Dominica. 
' 
(2) It shall not be considered detrimental to the novelty of a 
variety if the p-ropagating or harvested material of that variety has 
been s9ld or otherwise disposed of to others in Dominica with the 
authorisation of its breeder or his· successor in title for up to four 
yea~ 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 inclu­
sion where the application is filed within t)lat six month-period. 
7. (I) A variety shall be considered to be distinct if 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 where· relevant, at the priority date. 
(2) Common knowledge may also be established by refer­
ence to various factors such as the exploitation of the variety al­
ready in progress; grant of a breeder's right in the variety~ entry of 
the variety in a catalogue of varieties admitted to trade or entry in 
the register of varieties kept by a recognised professional associa­
tion, or inclusion of the variety in a reference collection. 
(3) The filing, in any State, of an application for a breed­
er's right, or for entry in a catalogue of varieties admitted to trade, 
shall be deemed to render the variety the subject of the application 
a matter of common knowledge from the date of the application, 
provided that the application leads to tl:ie grant of the breeder's 
right or the entry in th~ catalogue, as the case may be. IP/N/l/DMA/P/2 
Page 9 
8. A variety shall be considered to be homogeneous if its plants Homogeneity. 
show the same expression of the same. characteristics, subject to 
the variation which may be expected in view of the particular fea-
tures of its propagation. 
9. A variety shall be considered to be stable if its relevant charac- Stability. 
teristics 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 sue-Right to apply for 
cessor in title shall be entitled to apply for protection under this Act. protection. 
(2) The breeder or his successor in title may~be a natural or 
a legal person. 
(3) Where two or more persons have bred, or discovered 
and developed, a variety jointly, the right to protection shall 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 equal. 
( 4) Where a variety has been bred, or discovered and de­
veloped by several persons independently of each other, the right 
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. 
(5) Where a variety has been bred or discovered and devel­
oped in execution of a cor:nmission 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 commis­
sioned the· work or to the employer. 
11. The applicant shall, in the absence of proof to the contrary; Presumption of 
be presumed to be entitled to protection under this Act, but where title. 
the application is made by a successor in title it shall be accompa- · 
nied by sufficient proof of the successor's title. IP/N/1/DMA/P/2 
Page 10 
· Application by 
person other 
than owner. 
Persons entitled 
to file 
applications. 
Agents. 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 shall not be 
subject to any limitation period. 
13.. (1) An applic;ation 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) Dominica; 
(b) a Contracting Party; or 
(c) any State which, not being a Contracting Party. 
grants reciprocity of treatment to Dominica. 
(2) For the purposes of subsection (1 )(b ), "'nationai" means, 
where the Contracting Party is a State, a national of t_hat State. and 
where the Contracting Party is an inte·rgovernmental organisation, 
the nationals of the States that are members of that organisation. 
14. (1) Every person whose ordinary residence or principal 
place of business is outside Dominica shall be represented by an 
agent who is resident in, and is practicing in Dominica in accord­
ance with the relevant Jaw. 
(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 by an 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 desig­
:nated, shall be deemed to be the place where the right in tne vari­
ety is located. PART IV IP/N/1/DMA/P/2 
Page 11 
ASSIGNMENT AND TRANSFER OF THE APPLICATION 
OR OF THE BREEDER'S RIGHT 
15. (1) An application for the grant of a breeder's right may be Assignment and 
assigned or otherwise transferred. transfer. 
(2) The assignment or transfer shall be in writing and shall 
be signed by the parties. 
(3) An assignment or transfer shall be registered in the Reg­
ister 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 shall 
have effect against a third party unless it has been registered. 
16. (I) Where there are two or more applicants for the grant of Joint applicant,; 
a breeder's right or where there ar:e. two or more holders of such a and joint holders 
. h . d . . h. b f of right,; ng t in any protecte vanety, in 't e a sence o any agreement to · · 
the contrary. each applicant 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 how-
ever, the holders of the breeder's licence may only jointly grant an 
exclusive licence to a third party to exploit the variety. 
PARTY 
SCOPE AND DURATION OF BREEDER'S RIGHTS 
17. (1) (a) Subject to sections 18 and 19, the following acts in Scope of the 
respect of the propagating material of a protected variety shall re-breeder's right. 
quire 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; IP/N/1/DMA/P/2 
Page 12 
(iv) selling or other marketing; 
(v) exporting; 
(vi) importing; and_ 
(vii) stocking for any of the purposes referred to in 
paragraphs (i) to (vi). 
(b) The holder may make his authorisation subject to con­
ditions and limitations. 
(2) Subject to sections 18 and l9, the acts referred to in 
paragraphs (i) to (vii) of subsection (1 )(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, un­
less the holder has had rea<;0nahle opportunity. before the harvested 
material is obtained. to exercise his right in relation to the unau­
thorised 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 es­
sentially derived variety; 
(ii) which are not clearly distinguishable in accord­
ance with section 7 from the protected variety; and 
(iii) whose production requires the repeated use of the 
protected variety. 
(b) For the purposes of subparagraph (a)(i), a variety shall 
be deemed to be essentially derived from another variety ("the ini­
tial 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 genq­
types of the initial variety; IP/N/1/DMA/P/2 
Page 13 
(ii) it is clearly distinguishable from the initial vari­
ety; and 
(iii) 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 may.be obtained for exam­
ple 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 va_riety, backcrossing, or transformation by geneti.c 
engineering. 
18. (1) The breeder's right shall not extend to - Exceptions to 
. . breeder ·s right. (a) acts done privately and for non -commercial 
purposes: 
(b) acts done for experimental purposes; and 
(c) acts done for the purpose of breeding other varie­
ties, 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 of 
the holders of breeder's rights, restrict the breeder's right in rela­
tion to the varieties of any specified plant genera or species in or­
der 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 vari~ty or a variety 
covered by section 17(3)(a)(i) or (ii). 
19. (1) A breeder's right shall not extend to acts concerning Exhaustion of 
any material of the protected variety, or of a variety covered by the breeder's right. 
provisions of section 17(3), which has been sold or otherwise mar-
keted by the breeder or with his consent in Dominica, qr any mate-
rial derived from the said material unless such acts -IP/N/1/DMA/P/2 
Page 14 
Maintenance of 
propagating 
material. 
Period of 
protection. (a) involve further propagation of the variety in ques­
tion; or 
(b) involve an export of material of the variety, which 
enables the propagation of the variety, into a coun­
try which does not protect varie::ies 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 
(b) harvested material, including entire plants and parts 
of plants. 
20. ( l) 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 capable of pro­
ducing 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 reque.st for the purpose of ensuring that ihe holder of the breed­
er's right is fulfilling his obligations under subsection (1), includ­
ing facilities for the inspection by or on behalf of the Registrar of 
the measures taken for the maintenance of the variety. 
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 all other genera or species shall 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 Dominica for a 
period of more than one year before the date of the filing of the 
application, the duration of the protection shall be reduced by the IP/N/1/DMA/P/2 
Page 15 
number of full years minus one year that have elapsed since the 
beginning of the offering for sale or the marketing, with the au­
thorisation of the breeder or his successor in title, before the filing 
of the application. 
22. . The holder shall, every year during the period of protection, Renewal fees. 
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 
shall be payable by the 31st of January of each such calendar year. 
· PARTVI 
TERMINATION, INVALIDATION AND FORFEITURE 
23. ( 1) The breeder's right shall terminate before the term ex-Termination of 
pires where the holder of that right renounces it by written decla- protection. 
ration addressed to the Registrar. 
(2) The date of termination shall be that specified in the 
declaration or if none is specified the d.ate on which the declaration 
is received by the Registrar. 
2-t ( 1) The Registrar shall invalidate a breeder's right at the Invalidation. 
request of any interested person where it is established that -
(a) the variety is not new or distinct within the mean­
ing of , and on applicable dates referred to in, 
sections 6 and 7; or 
(b) the holder of the right is not the owner of the 
variety. 
(2) Where the fee prescribed in accordance with section 
26(1) 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 declare the breeder's right to be for-Forfeiture. 
feited where the hcrlder of the right-
(a) is no longer in a position to provide the Registrar, 
if he requests it, with the propagating material 
capable of producing plants which correspond to 
the characteristics.defined for the variety when the 
right was granted; IP/N/1/DMA/P/2 
Page 16 
Procedure in ca.,;.es 
of request,; for 
invalidation. (b) 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 shall become 
ineffective if the breeder's right under which it was granted is in­
validated or forfeited, save howeverthat 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. 
PART VII 
PROCEDURE IN CASES OF REQUESTS FOR 
INVALIDATION AND FORFEITURE 
26. . (1) An application for the invaliqation of a breeder's right 
may be filed by any inter~sted 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 state­
ment and it may be filed even after the breeder's right has expired. 
(3) The application may not be filed during the period within 
which an appeal may still be made against the grant of the breed­
er'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 during 
the period within which an appeal could still be made against the 
grant of the breeder's right, or while_proceedings on such an ap­
peal are still pending 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 re­
quest for the invalidation is withdrawn. 
(7) Where the Registrar finds that the application is not 
justified, he shall reject it. IP/N/1/DMA/P/2 
Page 17 
(8) Where the Registrar finds that the application is justi­
fied he shall declare the breeder's right null and void. 
27. (1) Proceedings for forfeiture of a breeder's right shall be Procedure for 
initiated by the Registrar if the requirement specified in section forfeitu~e ~f 
25(1) (a) is fulfilled, or may be initiated by the Registrar or a third breeders nght. 
person if any of the requirements specified in section 25 (1 )(b) and 
(c) are fulfilled. 
(2) An application shall not be necessary for the commence.:. 
ment of such proceedings but where any such application is filed, 
the Registrar shall treat it as a suggestion to initiate official pro­
ceedings. 
(3) Before declaring a breeder's right to be forfeited, the 
Registrqr 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 declare the right 
forfeited, he shall declare the proceedings terminated and inform 
the holder of the right accordingly in writing. 
(5) Where the Registrar declares 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. 
application with the Registrar in the prescribed form. 
(2) The application form ?hall be accompanied oy the tech­
nical 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 RegisJrar, the applicant shall, on 
the date and at the place fixed by the Registrar, submit the amount 
of propagating material determined by the Registrar. 
( 4) Every application received by the Registrar and com­
pleted in accordance with this section shall, along with the date of IP/N/1 /DMA/P/2 
Page 18 
Priority. 
Documents and 
material to be 
furnished for 
priority. filing, the name ari.d 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 pub­
lished in a periodical. 
(5) The application shall be accompanied by the applica­
tion fee prescribed. 
(6) The refusal or withdrawal of an application shall also 
be published in a periodical. 
29. (1) The applicant may avail himself of the priority of an 
earlier application (hereinafter referred to as the "right of prior­
ity") 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 pre­
ceded 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 included in the said 
period. 
30. (1) In order to avail himself of the right of priority, the ap­
plicant shall submit to the Registrar within three months of filing 
the application in Dominica, a copy of the documents that consti­
tute the earlier application, certified to be a true copy by the Au­
thority with which that application was filed. 
(2) Wh.ere the earlier applicati_on is not in English, the Reg­
istrar 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 shall be that, with 
respect to the conditions of protection attached to the variety, the 
application shall be deemed to have been filed at the date of the 
filing of the earlier application. IP/N/1/DMA/P/2 
Page 19 
(4) The applicant may declare that he will submit the propa­
gating material referred to in section 1.28(3) or any additional docu-· 
ments required by the Registrar at a later date, but no later than 
two years after the end of the priority period unless the earlier ap­
plication referred to in subsection (1) has been withdrawn or re'­
fused in the country in which it was filed. 
(5) If any of the provisions of this· section are not complied 
with, the application shall be dealt with as if no priority has been 
claimed. 
31. Any application or other document filed under this Act (not Where application 
being an application or document referred to in section 30) shall, if is not in English. 
not in English, be accompanied by a translation thereof in English, 
verified by the translator that the translation is to the best of his 
knowledge complete and faithful. 
PART IX 
VARIETY DENOMINATION 
32. ( 1) The applicant for a breeder's right shall, within three Application 
months of the filing of the application, propose on the form issued and procedure 
by the Registrar for that purpose, a variety denomination in ac-for va~iet~ 
. . denom10at1on. cordance with subsect10n (4). 
(2) A variety denomination may consist of one word, a com­
bination of not more than three words, a combination of words and 
figures, of words and letters or of letters and figures, but shall not 
consist wholly of figures save however that in a word/figure com­
bination, the figures shall have a meaning in relation to the words. 
(3) No person shall use as a variety denomination a desig­
nation which-
(a) does not enable the variety to be identified; 
(b) is liable to mislead a person of average attentive­
ness or to cause confusion concerning the origin, 
derivation, characteristics, value or identity of the . 
variety, or the identity .of the breeder; IP/N/1/DMA/P/2 
Page 20 
( c) is identical to or can f?e confused with a variety 
denomination which in the country or in another 
State party to the Convention designates an exist­
ing 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 designa­
tion in which a third party enjoys a prior right which 
would prohibit the use of the designation as a vari­
ety denomination; 
(e) is contrary to public policy or morality; 
(f) refers solely to attributes which are also common 
in other varieties of the species concerned; 
(g) 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; 
(h) suggests that the variety is derived from or related 
to another variety when this is not the case; 
(i) includes words such as "variety", "cultivar", '"form", 
"hybrid", "cross" or a translation of such words; or 
U) 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 desig­
nation 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 pro­
pose another variety denomination. IP/N/1/DMA/P/2 
Page 21 
(6) The Registrar shall publish in a periodical the variety 
denominations which have been propqsed to him, or registered or 
cancelled by him. 
33. (1) Any person who offers for sale or markets propagating Use of variety 
material of a variety protected in Dominica shall, even after t~e denomination. 
expiration of the protection, use the registered variety denomina-
tion only in so far as prior rights do not prevent such use. 
(2) When a protected variety is offered for sale or marketed, 
a trademark, trade name or other similar indication may be associ­
ated with the registered variety denomination provided that the 
denomination is easily recognisable. 
(3) The holder of a breeder's right may not invoke any trade­
mark._ trade name or other right in his possession ~gainst a variety 
denomination legitimately used in the offering for sale or market­
ing of the variety by another pe~on, even after the expiration of 
the protection. 
34. Prior rights of third parties in a designation shall not be 
affected by this Act. Prior right<; 
of third parties. 
35. ( 1) The Registrar shall cancel any registered variety denomi- Cancellation of 
nation at the request of- registered variety 
denomination. 
(a) any inte_rested person 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 rejection of the 
denomination; 
(b) the holder of the breeder's right or of a third per­
son, if a final court decision is delivered according 
to which the variety denomination must be can­
celled 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 JP/N/1/DMA/P/2 
Page 22 
Filing date. (c) a person who is obliged to use the variety denomi­
nation 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. 
(2) Where he cancels the variety denomination, the Regis­
trar shall request the holder of a breeder's right to submit, within 
the time specified by him, a proposal for a new variety denomina­
tion, and shall, if the proposal is acceptab!e, register it. 
(3) Where the,proposal for a new variety denomination is 
not acceptable, the Registrar shall again request the holder to sub­
mit another proposal for a new variety denomination. 
(4) The Registrar shall establish, at the request of the holder 
or a third person, a provisional variety denomination where the 
holder or the third person demonstrates a legitimate interest. 
(5) Where, after the period for submitting a proposal for a 
new variety denomination has expired. the i:Jolder of the breeders 
right has not submitted the requested proposal. 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 applica­
tion, the date of receipt of the application form and the technical 
questionnaire, duly completed. 
PARTX 
EXAMINATION OF APPLICATION 
Formal examina- 37. (1) The Registrar shall examine the application to deter­
tion of application. mine whether it and iis supporting documents fulfil the require­
ments 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 subsec­
tion (1) have not been complied w_ith, the Registrar shall reject the 
application for the grant of a breeder's right, unless the Registrar IP/N/1/DMA/P/2 
Page 23 
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) The Registrar shall examine the variety· to determine Examination 
whether it fulfills the requirements of novelty and where those re-of novelty, · 
quirements are not fulfilled, the Registra~ shall reject the application. distinctness, etc. 
(2) The Registrar shall invite the applican_t, on a date fixed 
by him before the beginning of each year or test(ng period, to pay 
the prescribed Jesting fee for that year or testing period and failure 
to do so by the applicant shall 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 requirements of distinctness. homogeneity and 
stability. 
( 4) Where the Registrar determines that it is expedient to 
do so, he may arrange to have the examination done by another 
national or foreign governmental authority and shall base his deci­
sion on the results of that examination. 
(5) The Registrar may treat the examination resurts ob­
tained from, and expert opinions given by foreign governmental 
authorities, as results obtained from and opinions given by the Reg­
istrar himself. 
( 6) Subject to section 30( 4 ), the Registrar may, where nec-
essary for an examination, request the applicant to submit addi­
tional material or documents within the period specified in the re­
quest and where the applicant fails to do so, without giving valid 
reasons for such failui;:e, he shall reject the application. 
39. (1) Where the examination shows that the application sat-Grant and refusal 
isfies the requirements of novelty, distinctness, homogeneity and of breedt>r's right. 
stability and that the proposed denomination of the variety can be 
registered, the Registrar shall grant a breeder's right. IP/N/1/DMA/P/2 
Page 24 
Provisional 
protection. 
Opposition. (2) Where the examination shows that the variety is neither 
distinct, homogenous nor stable, the Registrar shall reject the ap­
plication. 
(3) Where the examination shows that the proposed denomi­
nation of the variety cannot be registered, the Registrar shall re­
quest the applicant to submit another denomination within a pe­
riod fixed by him, failing which he shall reject the application. 
(4) Where the Registrar makes a decision to grant a breed­
ers' right he shall publish that decision in a periodical and he shall 
also reflect in the periodical that an applic~tion for such a right has 
been made. 
40. (1) Where a breeder's right is granted the holder of the right 
shall be entitled to equitable compensation for anything do~e dur­
ing 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 sect ion 28( 4 ); and 
.(b) ending with the grant of the right. 
·PARTXI 
OPPOSITION 
41. (1) Within three months of the date of publication of the 
grant of a breeder.,s right, any interested person may on payment 
of the prescribed fee file with the Registrar, an opposition against 
the grant of the right. 
(2) The oppositi~n shall be based on any of the following 
grounds, namely that -
(a) the applicant is not the ·owner of the variety; 
(b) 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; IP/N/1/DMA/P/2 
Page 25 
( 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 re­
voked and the application rejected. 
( 4) Where the opposition is not.justified, it shall be rejected. 
(5) Where the opposition based on the claim that the vari­
ety denomination is inadmissible is justified, the Registrar shall 
revoke the decision that a breeder's right be granted and .shall 
reopen the granting procedure by requesting the applicant to sub­
mit another denomination, failing which he shall refuse the appli­
cation. 
(6) Where no opposition is filed within the period speci-
fied in subsection (1) or .jf all oppositio~s filed within that period 
have been rejected, the Registrar shall grant the breeder's right and 
register the varietv 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, Proceedings 
conduct an oral hearing. before the Office. 
(2) Hearings in proceedings concerning the assignm,ent of 
an application, the transfer of a breeder's right or the invalidation 
or forfeiture of such right shall be public, unless the legitimate 
interests of any person might be prejudiced theretJy. 
(3) In proceeoings 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 sub-
mission of documents and other information by; or in the posses-IP/N/1/DMA/P/2 
Page 26 
Appeals. sion of any party to the proceedings, or infonnation from another 
government authority, an expert opinion, by inspecting the instal­
lations 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. 
(6) . Facts or evidence which are not submitted when re­
quested 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 proceedings. 
(8) Any interested person may submit observations or sug­
gestions to the Registrar concerning any proceedings pending be­
fore him, but that person shall not become a party to those pro­
ceedings by the mere fact of such submission. 
(9) Observations and suggestions thus submitted shall be 
communicated in writing to the applicant or the holder of the breed­
er's right as the case may be. 
(10) The Registrar shall confirm the receipt of such obser­
vations or suggestions in writing but need not infonn the person 
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. (1) Any person aggrieved by a decision of the Registrar 
under this Act may appeal against that decis_ion 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. IP/N/1/DMA/P/2 
Page 27 
44. (1) Subject to this Act, infringements of the right of the Civil proceedings. 
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 con­
tinuation of committing an infringement of the 
holder of the breeder's right set out in section' 17; 
(b) forfeiture, seizure or destruction of propagating 
material which has been produced in contraven­
tion 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 infringed a right did 
not know or could not reasonably 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 infringe­
ment, 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 Criminal liability 
propagating material of a variety protected in Dominica without for non-c~mpli-
. h · d · d · · · ff d ance or misuse of usmg t e reg1stere vanety enommat1on commits an o ence an . d . vanety enomina-
is liable to a fine of not less than five thousand dollars but not more tion. · 
than fifteen thousand dollars. 
(2) Any person who wilfully makes use of the registered 
variety denomination of a variety protected in Dominica, or a de­
nomination 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. IP/N/1/DMA/P/2 
Page 28 
PART XIV 
LICENSES AND LEGAL PROCEEDINGS BY LICENSEE 
Licence contracts. 46. (1) The applicant for or the holder of a breeder's right may 
grant to_any person an exclusive or a non-exclusive licence relat­
ing to all or any of the rights provided for under this Act. 
Right of licensor 
to grant further 
I icences or to 
exploit the variety. 
Non-assignability 
of licences. 
Certain clauses 
in contract void. 
Licences of right. (2) The licence contract shall be in writing. 
(3) A licence contract shall be registered by the Registrar 
and shall have no effect against a third party until it has been reg­
istered. 
( 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 iicence 
. contract, the grant of a licence shall not prevent the licensor from 
granting further licences to third parties or from exploiting the va­
riety himself. 
48. In the absence of provisions to the contrary in the licence 
contract, rights granted therein shall not be assigned to a third party 
by the licensee. 
49. A dause in a licence contract or relating to such a contract 
shall be null and void in so far as it imposes upon the licensee 
restrictions that do not derive from the rights conferred by the breed­
er's right or are unnecessary for the safeguarding of the right. 
SO. (1) Any holder of a breeder's right or any applicant for the 
grant of a breeder's right may declare that any person 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 s~all be 
stated in the declaration to which subsection (1) refers, and shall . 
also be entered in the Register. IP/N/1/DMA/P/2 
Page 29 
( 4) After the entry in the Register, the holder of the breed­
er's right shall pay only half of the prescribed renewal fees. 
(5) The Registrar may cancel the entry_ under subsection 
(2) at the request of the holder of the breeder's right if all benefici­
aries agree. 
51. (1) At any time after the expiration of three years from the Compulsory 
date of grant of a breeder's right under this Act, any interested licences. 
person may apply to the Court for the gra:it of a compulsory li-
cence in respect of any breeder's right on the ground that it is nec-
essary to safeguard the public interest in Dominica. 
(2) Subject to subsections (4), (5) and (6), where the Court 
is satisfied that the ground referred to in subsection (1) is estab­
lished, the Court may make an order for the grant of the licence in 
accordance with the application on such terms as it thinks fit. 
(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 under this sec­
tion shall pay the licensor the remuneration agreed upon or deter­
mined by a method agreed upon between that person and the licen­
sor or in default of agreement, as is determined by the Court on 
the application of either party. 
(5) The Court may require the holder of the 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 economi­
cally acceptable to him. 
(6) A licence shall not be granted under 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 to do so; IP/N/1/DMA/P/2 
Page 30 
(b) the holder of the breeder's right has refused to 
permit the applicant for the licence to produce or 
market propagating material of the protected vari­
ety in a manner sufficient for the needs of the 
general public as referred to in subsection (1) or is 
not prepared to give such permission under rea­
sonable terms; and 
(c) the applicant for the compulsory licence has paid 
the prescribed fee for the grant of such licence. 
(7) The duration of the licence shall be fixed by the Court 
and shall not, except under extraordinary circumstances, be granted 
for less than two or more than four years, but the period may be 
extended if th'e 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 w~ich 
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 ter­
minate such licence. 
Legal proceedings 52. (1) Any licensee under a contractual or compulsory licence 
by licensee. or a licensee of right may request the licensor to institute legal 
action necessary to obtain civil ~emedies or criminal penalties in 
respect of any infringement of the breeder's right indicated by the 
licensee. 
(2) \.Vhere the licensor refuses or neglects to institute the 
said legal action within three months after the request has bee_n 
made, the licensee may institute such action in his own name, with­
out prejudice to the right of the licensor to intervene if such action 
is civil in nature. PART XV 
GENERAL PROVISIONS IP/N/1/DMA/P/2 
Page 31 
53. (1) The Minister may, in addition to the following matters, Regulations. 
make regulations for any matter required to be prescribed by this 
Act, or for giving effect to the purposes of this Act -
(a) the procedure of the Office in respect of the re­
ceiving 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 refusal of appli­
cations; 
(b) the invalidation or forfeiture of breeder's rights, 
the ·assignment of an application or the transfer of 
a breeder's right to the owner of the variety and the 
cancellation of variety denominations; 
(c) the maintenance and conservation of samples, th.e 
cooperation with germ-plasm banks or other insti­
tutions for the conservation of genetic material; 
(d) the establishment and maintenance of a variety reg­
ister and the receiving and filing of any document 
concerning breeder's rights; 
( e) the amounts and the collection of all fees provided 
for under this Act; 
(f) 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 
under section 3 including the determination of the 
facts to be registered; and 
(h) any other matter relating to the administration of 
this Act. IP/N/1/DMA/P/2 
Page 32 
Commencement. (2) In compiling the list of genera or species required to be 
published under this Act, the Minister may exclude all varieties of 
that genus or species which are not characterised by a particular 
manner of reproduction or multiplication or by a certain end-use. 
(3) Where a genus or species is deleted from the list of gen­
era and species to which this Act applies with effect from a given 
date, the deletion shall not affect the rights of applicants who h_ave 
filed applications for the protection of varieties of that genus or 
species before that date. 
54. (1) This Act shall come into force on such day as the Min­
ister ·may by Order published in the Gazette appoint. 
(2) Different days may be appointed for bringing different 
provisions into force or for bringing different purposes of the same 
provision into force. 
Passed in the House of Assembly this 9th day of September, 1999. 
RUTH SIMON (MRs) 
Clerk of the House of Assembly (Ag.)