WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SGP/P/5 
16 July 2009 
 (09-3494) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
SINGAPORE 
  
 The present document reproduces the text
1 of the Plant Varieties Protection Rules, as notified 
by Singapore on 15 April 2009 under Article 63.2 of the Agreement (see document IP/N/1/SGP/4). 
 
 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 
 
SINGAPOUR 
   Le présent document contient le texte
1 du Règlement sur la protection des variétés végétales, 
notifié par Singapour le 15 avril 2009 au titre de l'article 63:2 de l'Acco rd (voir le document 
IP/N/1/SGP/4).  
 
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 PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
SINGAPUR 
 
  En el presente documento se reproduce el texto
1 del Reglamento de protección de obtenciones 
vegetales, notificado por Singapur el 15 de abr il de 2009 de conformidad con el párrafo 2 del 
artículo 63 del Acuerdo (véase el documento IP/N/1/SGP/4).  
                                                     
 
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/SGP/P/5 
Page 2  
 
   
Requested version was 31 Mar 2009; Closest available version is 31 Aug 2006; Generated on 31 Mar 2009 16:43:21(GMT+8). 
 
  Front Page  [ Jump to: Front Page  / Arrangement of Provisions  / Actual Provisions  ]
 
PLANT VARIETIES PROTECTION ACT 
(CHAPTER 232A, SECTION 54) 
PLANT VARIETIES PROTECTION RULES 
 
 
History  G.N. No.S 
368/2004  
->R1 
2006 
REVISED 
EDITION 
 
[1st July 2004]   
 
  Arrangement of Provisions  [ Jump to: Front Page  / Arrangement of Provisions / Actual Provisions ]
  
 
PART I  
PRELIMINARY  
1 Citation  
2 Definitions  
3 Fees  
4 Forms  
5 Filing of documents  
6 Signature on documents  
7 Service of documents  
8 Furnishing of address  
9 Address for service  
10 Procedural representatives  
PART II  
GRANT OF PROTECTION  
 
DIVISION 1 — APPLICATION  
11 Application for grant of protection  
12 Representation of plant variety  
13 Claim to priority  
14 Samples or specimens  
15 Deficiencies in applications  
16 Publication of application  
17 Amendment of application or document  
18 Withdrawal of application   IP/N/1/SGP/P/5 
 Page 3 
 
 
   
DIVISION 2 — OBJECTIONS  
19 Objections to application or  registration of denominations  
20 Contents of notice of objection  
21 Counter-statement  
22 Evidence in support of objection  
23 Evidence in support of application or registration  
24 Evidence in reply by objector  
25 Further evidence  
26 Exhibits  
27 Pre-hearing review  
28 Objection hearing  
29 Technical advisor  
30 Registrar’s decision in objection proceedings  
31 Extension of time in objection proceedings  
32 Costs in uncontested objection  
33 No registration of denomination pending outcome of objection hearing  
 
DIVISION 3 — EXAMINATION  
34 Request for examination  
35 Examination by local prescribed examination authority  
36 Corresponding examination report  
37 Examination report  
38 Removal of material  
 
DIVISION 4 — MAKING AND PUBLICATION OF GRANT OF PROTECTION  
39 Making of grant of protection  
40 Publication of grant of protection  
 
DIVISION 5 — EXCEPTIONS TO INFRINGEMENT OF GRANT OF PROTECTION  
41 Use of harvested material for farming activities  
 
DIVISION 6 — REPLACEMENT DENOMINATIONS  
42 Submission and registration of replacement denominations  
PART III  
REGISTER  
43 Entry in register of particulars of appli cation, grant of protection and other matters  
44 Application for registration of transactions, instruments, etc.  
45 Rectification of error or omission in register  
46 Application to change na me and address in register  
PART IV  
ANNUAL FEE AND INFORMATION  
47 Payment of annual fee and submission of information  
48 Extension of time for payment of annual fee or submission of information  
49 Cancellation of grant of protection upon failu re to provide information or pay annual fee  
PART V  
CANCELLATION AND RENUNCIATION  
50 Application to cancel grant of protection  
51 Counter-statement  
52 Further procedure  IP/N/1/SGP/P/5 
Page 4  
 
  53 Intervention by third parties
 
54 Application for renunciation of grant of protection  
55 Publication and entry into regi ster of cancellation or renunciation  
PART VI  
EVIDENCE AND PROCEDURE  
56 Right of affected party to be heard  
57 Hearing before Registrar to be in public  
58 Evidence in proceedings before Registrar  
59 Statutory declarations  
60 Notice of seal of officer taking declaration  
PART VII  
COSTS  
61 Application for costs  
62 Taxation of costs  
63 Taxation proceedings  
64 Scale of costs  
65 Certificate  
PART VIII  
EXTENSION OF TIME  
66 Request for extension of time  
67 Where non-compliance with time caused by Registry  
68 Change of commencement date of period for filing evidence  
PART IX  
MISCELLANEOUS PROVISIONS  
69 Hours of business and excluded days  
70 Extension of period where interruption in postal service, etc.  
71 Certificates and copies  
72 Irregularities  
73 Case management conference  
74 Registrar’s power to require doc uments, information or evidence  
75 Address altered by public authority  
76 Application to Court  
77 Filing of court orders  
78 Plant Varieties Protection Journal  
79 Translations  
80 Inspection of register, etc.  
 
 
FIRST SCHEDULE  
LOCAL PRESCRIBED EXAMINATION AUTHORITIES  
 
 
SECOND SCHEDULE  
FEES  
 
  IP/N/1/SGP/P/5 
 Page 5 
 
 
  THIRD SCHEDULE  
FEES PAYABLE FOR SUBMISSION OF EXAM INATION REQUEST OR REQUEST TO RELY 
ON CORRESPONDING EXAMINATION REPORT  
 
 
FOURTH SCHEDULE  
PLANT GENERA AND SPECIES EXEMPTED FROM RIGHTS OF GRANTEE UNDER 
SECTION 31 (2) OF ACT  
 
 
FIFTH SCHEDULE  
SCALE OF COSTS  
 
 
 
  Actual Provisions  [ Jump to: Front Page  / Arrangement of Provisions / Actual Provisions ]
 IP/N/1/SGP/P/5 
Page 6  
 
   
PLANT VARIETIES PROTECTION ACT 
 
(CHAPTER 232A, SECTION 54) 
 
PLANT VARIETIES PROTECTION RULES 
[1st July 2004]   
 
PART I 
 
PRELIMINARY 
 
Citation  
1.—These Rules may be cited as the Plant Varieties Protection Rules. 
 
Definitions  
2.—(1) In these Rules, unless the context otherwise requires — 
 
"local prescribed examination authority" mean s any of the prescribed examination authorities 
set out in the First Schedule; 
 
"Plant Varieties Protection Journal" means the journal by that name published under rule 78; 
 
"prescribed examination authority" means a pl ant variety examination authority or such 
equivalent authority recognised in any UPOV member. 
 
(2) Unless the context otherwise requires, the word  “month”, wherever it occurs in any decision, 
direction or other document issued by the Registrar, means calendar month.  (3) Any period of time fixed by these Rules or by  any decision, direction or other document for the 
doing of any act shall be reckoned in accordance with paragraphs (4) and (5). 
 
(4) Where the act is required to be done within a sp ecified period from or after a specified date, the 
specified period begins immediately after that date.  (5) Where the act is required to be done within or  not less than a specified period before a specified 
date, the period ends immediately before that date. 
 
Fees  
3.—(1) The fees specified in the Second and Third Schedules shall be payable to the Registrar in 
respect of the matters specified  in the respective Schedules. 
 
(2) Any fee in the Second or Third Schedule shall be paid at the same time as the filing of the matter 
in question.   IP/N/1/SGP/P/5 
 Page 7 
 
 
  Forms  
4.—(1) The Registrar shall publish in the Plant Varieties Protection Journal — 
 
(a) the forms to be used for any purpose relating to the making of a grant of protection or any other proceedings before the Registrar under the Act; 
 
(b) the Registrar’s directions relating to the use of any form; and  (c) any amendment or modification of any such form or direction. 
 
(2) Any form may be modified on the direction of the Registrar for use in a case other than the case 
for which it is intended.  (3) Any reference in these Rules to  a numbered form shall be construed as a reference to the current 
version of the form bearing the corresponding nu mber which is published in the Plant Varieties 
Protection Journal. 
 
Filing of documents  
5.—(1) The Registrar may refuse to accept or process any document filed at the Registry that fails to 
comply with the Act or these Rules.  
(2) Every document filed at the Registry shall — 
 
(a) be in English or where the document is not  in English, be accompanied by an English 
translation of the document  in accordance with rule 79;  
(b) be filed using durable paper; and 
 (c) be in writing that is legible and permanent.  
(3) Where the Registrar refuses to accept any documen t that does not comply with paragraph (2), the 
Registrar may return the document with a notice stating the manner in which the document does not 
comply with that paragraph. 
 (4) Where any document filed at the Registry is a copy, the Registrar may —  
(a) decide whether to accept or process the document; and 
 
(b) require the original to be filed with the Registry.  
Signature on documents  
6.—(1) A document to be signed for or on behalf of  a partnership shall contain the names of all the 
partners in full and shall be signed by — 
 
(a) all the partners; 
 
(b) any partner stating that he signs on behalf of the partnership; or 
 
(c) any other person who satisfies the Registrar th at he is authorised to sign the document on 
behalf of the partnership. 
  IP/N/1/SGP/P/5 
Page 8  
 
  (2) A document to be signed for or on behalf of a body corporate shall be signed by a director, the 
company secretary or other principal officer of the body corporate, or by any other person who 
satisfies the Registrar that he is authorised to  sign the document on behalf of the body corporate. 
 (3) A document to be signed for or on behalf of an  unincorporated body or association of persons may 
be signed by any person who appears to th e Registrar to be qualified to so sign. 
 (4) In this rule, “document” means any document to be given or sent to, filed with or served on the 
Registrar in any manner in respect of any matter under the Act or these Rules.  Service of documents 
7.—(1) Where the Act or these Rules authorise or require any document to be given or sent to, filed 
with or served on any party, the giving, sending, filing or service may be effected by sending the document by post and if so sent, shall be deemed —  
(a) to be effected by properly addressing,  prepaying and posting a letter containing the 
document; and  (b) unless the contrary is proved, to have been effected at the time at which the letter would 
be delivered in the ordinary course of post.  
(2) For the purposes of paragraph (1), a document is sent to a party by post if the document is sent by 
pre-paid post to the party at his addr ess for service referred to in rule 9. 
 
Furnishing of address 
8.—(1) Where the Act or these Rules require that an  address be furnished, the address furnished shall 
be as full as possible for the purpose of enabling any person to easily find the place of business of the 
person or partnership or associati on of persons or body corporate, whose address is furnished. 
 (2) The Registrar may require the address to include the name of the street, the number of the block of 
building, the number of the premises or name of premises, if any, and the postal code.  Address for service 
9.—(1) For the purposes of any proceedings before the Registrar, an address for service in Singapore 
shall be filed in accordance with paragraph (2) or (5) by or on behalf of —  
(a) every applicant in respect of an application for a grant of protection; 
 
(b) every person objecting to the making of a grant of protection or the registration of a proposed denomination;  (c) every applicant applying to the Registrar for the rectification of the register under 
section 41 of the Act; 
 
(d) every grantee in respect of a protected plan t variety which is the subject of the grant of 
protection to the Registrar for the renunciation of the grant of protection or the rectification of 
the register under section 41 of the Act; and  
(e) every other party to any proceedings before the Registrar. 
 
(2) Where a form is required to be filed unde r these Rules for any matter in relation to the 
proceedings, being a form which requires the furn ishing of an address for service, the address for 
service shall be filed on that form.  IP/N/1/SGP/P/5 
 Page 9 
 
 
   
(3) The filing of an address for ser vice in accordance with paragraph (2 ) shall be effective only for the 
matter for which the form is filed.  (4) Notwithstanding paragraph (3) — 
 
(a) where the address for service is filed on Form  PVP 12, the filing of the address for service 
shall be effective for the purposes of all proceedi ngs in respect of the plant variety in relation 
to which that form is filed; and  
(b) where the address for service is filed on Form  PVP 6, the filing of the address for service 
shall be effective for the purposes of the proceedi ngs in relation to which that form  is filed 
and any related proceedings.  
(5) In a case where paragraph (2) or (4) does not apply, the address for service shall be filed on 
Form PVP 1. 
 (6) Where an address for service is not filed as re quired under paragraph (1), the Registrar may send 
to the person concerned notice to file an address for service within 2 months from the date of the 
notice and if that person fails to do so —  
(a) in the case of an applicant referred to in paragraph (1) ( a) or ( c), the application shall be 
treated as withdrawn;  (b) in the case of a person referred to in paragraph (1) ( b), he shall be deemed to have 
withdrawn from the proceedings in question; and 
 
(c) in the case of a grantee referred to in paragraph (1) ( d) or a party referred to in 
paragraph (1) ( e), he shall not be permitted to take part in the proceedings in question. 
 
(7) An application requesting the Registrar to alte r an address for service shall be made on Form 
PVP 1. 
 
(8) Any thing sent to or served on a person at his a ddress for service shall be taken to have been duly 
sent to or served on the person.  (9) Subject to any filing to the contrary under paragra phs (2) to (7), or under any part of these Rules, 
the Registrar may — 
 
(a) treat the address for service of an applicant for grant of protection as that of the grantee 
upon the grant of protection; and  (b) treat the trade or business address in Singapore of a person as his address for service. 
 
Procedural representatives 
10.—(1) A breeder shall notify the Registrar of the appointment of a procedural representative in 
Form PVP 2.  
(2) The Registrar may, in dealing with any matter under the Act or these Rules in respect of which a 
person has been appointed to act as a procedural re presentative on behalf of a breeder (referred to in 
this rule as the procedural representative's princi pal), require the personal signature or presence of 
either the procedural representative or his principal.  IP/N/1/SGP/P/5 
Page 10  
 
  (3) The Registrar may, by notice in writing sent to a procedural representative, require the procedural 
representative to produce evidence of his appointment.  (4) Where a breeder substitutes one procedural representative for another, the newly appointed 
procedural representative shall file with the Regist rar Form PVP 2 on or before the first occasion he 
acts as the procedural representative. 
 (5) Where there is a change in the name of a procedural representative and the procedural 
representative remains the same legal entity after such  change, the procedural representative may  file 
one Form PVP 2 in respect of such change in na me for all the matters under the Act for which the 
procedural representative has been appointed. 
 (6) Any act required or authorised by the Act in connection with the making of a grant of protection, or any procedure relating to a grant of a protection, may not be done by or to the newly appointed procedural representative referred to in paragraph (4 ) until after he has complied with that paragraph. 
 
 
PART II  
 
GRANT OF PROTECTION  
 
Division 1 — Application  
 
Application for grant of protection 
 11.—(1) An application under section 13 of the Ac t shall be made on Form PVP 3 and shall be 
accompanied by —  
(a) the technical questionnaire in Form PVP-TQ; and 
 
(b) payment of the application fee specified in the Second Schedule.  
(2) Where any of the requirements specified in the Forms are not satisfied, the Registrar shall send a 
notice to the applicant stating the omission, error or  deficiency, and the applicant shall have 2 months 
in which to rectify the omission, error or deficien cy in the application, fa iling which his application 
shall lapse in accordance with section 19 of the Act.  
Representation of plant variety 
12.—(1) An application may be accompanied by a re presentation of the plant variety in respect of 
which the application is made, which may be in the form of a drawing or photograph. 
 
(2) The drawings or photographs shall be —  
(a) suitable for reproduction; and  
(b) of a size and presentation as may be specified by the Registrar in practice directions. 
 
Claim to priority 
13.—(1) If a right of priority is claimed under section 14 of the Act, particulars of that claim shall be 
included in the application made under rule 11 (1).   IP/N/1/SGP/P/5 
 Page 11 
 
 
  (2) The particulars which shall be given, in respect of a foreign application referred to in section 14 of 
the Act, are —  
(a) the serial or application number allocate d to the foreign application on filing; 
 
(b) the date of filing of the foreign application; and 
 (c) any other information, documents or material that is necessary for the making of a grant of protection in Singapore, as set out in the Act and these Rules.  
(3) The Registrar may require the applicant to file a certificate by the registering or other competent 
authority concerned certifying or verifying to the satisfaction of the Registrar —  
(a) the date of filing of the foreign application;  
(b) the registering or competent authority; 
 (c) the country or territory of the registering or competent authority (where applicable); and 
 (d) the full particulars of the plant variety (inc luding but not limited to a description of the 
plant variety and the proposed denomination). 
 
(4) Where the certificate referred to in paragraph (3 ) is not in the English language, there shall be 
annexed to the certificate a translati on in English of the contents of the certificate, certified or verified 
to the satisfaction of the Registrar.  Samples or specimens 
14.—(1) Unless otherwise required by the Act or the Re gistrar, no samples of live biological material 
or plant specimens shall be lodged with the Registrar.  (2) The Registrar may, in his discretion, refuse to accept any sample or specimen.  Deficiencies in applications 
15.—(1) Where an application for registration does not satisfy the requirements of rule 11 (1), the 
Registrar shall send notice of this to the appli cant requiring the applicant to remedy any such 
deficiency.  
(2) Where the Registrar refuses to approve a propos ed denomination under section 36 (3) of the Act 
which has been submitted in the application, th e Registrar shall send a notice to the applicant 
requiring the applicant to propose another denomination.  (3) If the applicant fails to remedy all deficiencies set  out in the notice referred to in paragraph (1), or 
propose another denomination in accordance with paragr aph (2) within 2 months from the date of the 
notice, the application shall lapse in accordance with section 19 of the Act. 
 
Publication of application 
16.—A notice of every application shall be publis hed under section 15 of the Act and each notice 
shall contain the following particulars: 
 
(a) the date of application; 
 
(b) the priority date, if any, accorded pursuant to a claim to a right to priority under section 14 
of the Act and the name of the UPOV member concerned; IP/N/1/SGP/P/5 
Page 12  
 
   
(c) the name, address and address for service of the applicant; 
 
(d) the proposed plant variety;  
(e) the proposed denomination for the plant variety; 
 (f) a representation of the plant variety, if submitted in the application; and  (g) any other matters which the Registrar thinks fit. 
 
Amendment of application or document 
17.—(1) Subject to paragraph (2), an applicant ma y apply to amend an application for a grant of 
protection and such application shall be made on Form PVP 4.  
(2) An application to amend an application for a gran t of protection to correct or change the name or 
other particulars of the applican t shall be made on Form PVP 1. 
 (3) An application to amend an application for a gran t of protection to correct or change the name of 
the applicant shall be accompanied by releva nt documentary evidence of such change. 
 
(4) Before acting on an application to amend an ap plication for a grant of protection, the Registrar 
may require the applicant to furnish such proof as the Registrar thinks fit.  (5) Where an application is made for amendment of an application for a grant of protection which has 
been published, and the amendment affects any of th e particulars specified in rule 16, the amendment 
or a statement of the effect of the amendment shall be published. 
 (6) A request for amendment of any error in any document filed at the Registry in connection with an 
application shall be made on Form PVP 4 and the co rrection shall be clearly identified on a document 
and filed together with the form or, if not, on the form itself.  Withdrawal of application 
18.—(1) An applicant may, before a grant of pr otection is made, withdraw his application by 
submitting a notice of withdrawal on Form PVP 5.  (2) Upon receipt of Form PVP 5, the Registrar sha ll make all necessary rectifications and corrections 
to the register or in any other document or publi cation as is necessary to reflect the withdrawal. 
 
Division 2 — Objections  
 
Objections to application or registration of denominations 
19.—(1) A person (referred to in this Division as the objector) may, within 2 months from the date of 
publication of an application or a denomination propo sed for registration, file with the Registrar a 
notice objecting to the application or the denomination in Form PVP 6 (referred to in this Division as 
a notice of objection). 
 (2) The objector shall serve on the applicant a copy of  the notice of objection at the same time as the 
notice is filed with the Registrar.   IP/N/1/SGP/P/5 
 Page 13 
 
 
  (3) A request for an extension of time to file the notice of objection shall be made by filing with the 
Registrar Form PVP 15 within 2 months from th e date of publication of the application or 
denomination.  (4) The total extension of time for which the Regist rar may allow to file the notice of objection shall 
not exceed 4 months from the date of publi cation of the application or denomination. 
 (5) Before making a request for an extension of time, the person seeking the extension shall serve a 
notice on the applicant and every other person likely to be affected by the extension, which shall 
contain — 
 
(a) a statement of the person’s intention to re quest for the extension, the extension requested 
for, and the reason for the extension; and  (b) a request for the consent of the app licant or other person to the extension. 
 
(6) The request for the extension shall be suppo rted by a copy of the notice referred to in 
paragraph (5) and the consent in writing, if this is given.  (7) The Registrar may refuse to grant the extension —  
(a) if the person requesting the extension fails  to show a good and sufficient reason for the 
extension; or  (b) if the person fails to show, to the Registra r’s satisfaction, that a notice referred to in 
paragraph (5) has been served on the applicant and every person likely to be affected by the 
extension. 
 
(8) Where a person on whom a notice referred to in pa ragraph (5) is served fails or refuses to give his 
consent to the extension within 2 weeks from the da te of the notice, the Registrar may, if he is 
satisfied that a good and sufficient reason has been s hown for the extension, grant the extension; and 
the Registrar may do so without having to conduct a hearing in accordance with rule 56. 
 
Contents of notice of objection 
20.—The notice of objection shall, in addition to any other requirement in these Rules, contain a 
statement of the grounds and the facts upon which the objector objects to the making of a grant of protection or the registration of the denomination. 
 
Counter-statement  
21.—(1) Within 2 months from the date of receipt of the copy of the notice of objection from the 
objector, the applicant shall file with the Registrar a counter-statement in Form PVP 7 (referred to in 
this Division as the counter-statement) setting out —  
(a) the grounds on which the applicant relies as supporting his application or the registration 
of the proposed denomination; and 
 
(b) the facts alleged in the notice of objec tion which the applicant admits, if any. 
 
(2) The applicant shall serve a copy of the counte r-statement on the objector at the same time as the 
counter-statement is filed with the Registrar.  (3) If the applicant does not comply with paragraph (1 ) or (2), he shall be deemed to have withdrawn 
his application for a grant. IP/N/1/SGP/P/5 
Page 14  
 
   
(4) A request for an extension of time to file the co unter-statement shall be made by the applicant to 
the Registrar in Form PVP 15 within 2 months from the date of receipt of the notice of objection from the objector.  
(5) The total extension of time for which the Regist rar may allow to file the counter-statement shall 
not exceed 4 months from the date of receipt by the applicant of the notice of objection.  (6) Before making a request for an extension of time,  the applicant shall serve a notice on the objector 
and every other person likely to be affected  by the extension, which shall contain — 
 
(a) a statement of the applicant’s intention to request for the extension, the extension 
requested for, and the reason for the extension; and  (b) a request for the consent of the objector or other person to the extension. 
 
(7) The request for the extension shall be suppo rted by a copy of the notice referred to in 
paragraph (6) and the consent in writing, if this is given.  (8) The Registrar may refuse to grant the extension —  
(a) if the applicant fails to show a good and sufficient reason for the extension; or 
 (b) if the applicant fails to show, to the Regist rar’s satisfaction, that a notice referred to in 
paragraph (6) has been served on the objector and every person likely to be affected by the 
extension. 
 
(9) Where a person on whom a notice referred to in pa ragraph (6) is served fails or refuses to give his 
consent to the extension within 2 weeks from the da te of the notice, the Registrar may, if he is 
satisfied that a good and sufficient reason has been s hown for the extension, grant the extension; and 
the Registrar may do so without having to conduct a hearing in accordance with rule 56. 
 Evidence in support of objection 
22.—(1) Within 2 months from the date of receipt of  the counter-statement from the applicant, the 
objector shall file with the Registrar such evidence by way of a statutory declaration as he may desire 
to adduce in support of his objection and shall, at th e same time, send to the a pplicant a copy of that 
evidence. 
 
(2) If the objector does not file an y evidence in accordance with paragr aph (1), he shall, unless the 
Registrar otherwise directs, be deem ed to have withdrawn his objection. 
 
Evidence in support of application or registration 
23.—(1) Within 2 months from the date of receipt by the applicant of the copy of the objector’s 
evidence referred to in rule 22, th e applicant shall file with the Re gistrar such evidence by way of a 
statutory declaration as he may desire to adduce in support of his application or the registration of the 
proposed denomination and shall, at the same time , send to the objector a copy of that evidence. 
 (2) If the applicant does not file an y evidence in accordance with para graph (1), he shall, unless the 
Registrar otherwise directs, be deemed  to have withdrawn his application. 
  IP/N/1/SGP/P/5 
 Page 15 
 
 
  Evidence in reply by objector 
24.—(1) Within 2 months from the date of receipt of  the copy of the appli cant’s evidence referred to 
in rule 23, the objector may file with the Registrar evidence in reply by way of  a statutory declaration 
and shall, at the same time, send to th e applicant a copy of that evidence. 
 
(2) Evidence in reply shall be confined to matter s strictly in reply to the applicant’s evidence. 
 
Further evidence 
25.—No further evidence may be filed by either pa rty except that, in any proceedings before the 
Registrar, the Registrar may at any time, if he thinks  fit, give leave to either party to file further 
evidence upon such terms as to costs or otherwise as the Registrar thinks fit. 
 
Exhibits  
26.—(1) Where there are exhibits to any evidence file d in an objection, the party who is relying on the 
exhibits in support of his case shall, at the request of  the other party and at that other party’s expense, 
send a copy of each exhibit to that other party. 
 (2) If such copy cannot conveniently be furnished, th e originals shall be filed with the Registrar in 
order that they may be open to inspection.  (3) Notwithstanding any provision in these Rules, the Registrar shall not accept as an exhibit any live 
biological material or plant specimens, unless such exhibit is requested. 
 
Pre-hearing review 
27.—(1) At any time after the completion of the filing of evidence by the parties, the Registrar may 
direct the parties to attend a pre-hearing review at which he may give such directions as he considers 
necessary or desirable for securing the just, expeditio us and economical dispos al of the proceedings. 
 (2) At the pre-hearing review, the Registrar may consider any matter including the possibility of 
settlement of all or any of the i ssues in the proceedings and may re quire the parties to furnish him 
with such information as he may require.  
(3) If any party fails to comply with any direction given under paragraph (1) or (2), the Registrar may 
dismiss the proceedings or make such other order as he thinks fit.  (4) Any direction or order by the Registrar may be set aside or varied by him on such terms as he thinks fit. 
 
(5) If, at any time during the pre-hearing review, th e parties are agreeable to a settlement of all or 
some of the matters in dispute in the proceedings, th e Registrar may give his decision in relation to the 
proceedings or make such order as he thinks  just to give effect to the settlement. 
 (6) If any party does not appear at the pre-hearing review, the Registrar may dismiss the proceedings 
or make such other order as the Registrar th inks fit, or he may adjourn the review. 
 (7) An order made by the Registrar in the absence of  a party may be set aside by the Registrar, on the 
application of that party, on such terms as the Registrar thinks fit.  Objection hearing 
28.—(1) Upon completion of the fili ng of evidence by the parties, th e Registrar shall give notice to 
the parties of a date on which he will hear arguments on the case.  IP/N/1/SGP/P/5 
Page 16  
 
  (2) The parties shall file with th e Registrar their written submissions and bundles of authorities at least 
one month before the date of hearing, and shall at  the same time exchange with one another their 
respective written submissions and bundles of authorities.  (3) Any party who intends to appear at the hearing sh all file with the Registrar Form PVP 8 before the 
hearing. 
 (4) Any party who does not file with the Registrar Form PVP 8 before the hearing may be treated as 
not desiring to be heard, and the Registrar may proc eed with the hearing in the absence of that party 
or may, without proceeding with the hearing, give his decision or dismiss the proceedings, or make 
such other order as he thinks fit. 
 (5) If, after filing with the Registrar Form PVP 8, a party does not appear at the hearing, the Registrar 
may proceed with the hearing in the absence of th at party, or may, without proceeding with the 
hearing, give his decision or dismiss the proceedi ngs, or make such other order as he thinks fit. 
 
(6) If neither party appears at the hearing, the procee dings may be struck out of the list except that it 
may thereafter be restored on the direction of the Registrar.  (7) Any decision made by the Registrar pursuant to a hearing in which any party does not appear may, 
on the application of that party, be set aside by  the Registrar on such terms as he thinks fit. 
 
(8) An application under this rule to restore an y proceedings or to set aside any decision under 
paragraph (6) or (7) shall be made within 7 days af ter the proceedings have been struck out of the list 
or after the hearing, as the case may be.  Technical advisor 
29.—(1) The Registrar may appoint an officer of a prescribed examination authority as a technical 
advisor to any objection proceedings to render an  opinion on the evidence provided by the parties. 
 (2) A technical advisor to any objection proceedings  shall, within a reasonable time and after having 
sight of all the evidence and exhibits provided by th e parties, provide the Registrar a report as to the 
merits of both the application and the objection, as well as a recommendation on whether to allow or 
disregard the objection.  
Registrar’s decision in objection proceedings 
30.—The Registrar shall, within 3 months from the date of the hearing, inform the parties of his 
decision and the grounds thereof. 
 
Extension of time in objection proceedings 
31.—Unless expressly stated otherwise in these Rules, wh ere any extension of time is granted to any 
party, the Registrar may, if he thinks fit, without giving the party a hearing, grant a reasonable extension of time to the other party in which to take any subsequent step. 
 
Costs in uncontested objection 
32.—Where an objection is uncontested by the applican t, the Registrar shall, in deciding whether 
costs should be awarded to the objector, consider whether proceedings might have been avoided if 
reasonable notice had been given by the objector to  the applicant before the notice of objection was 
filed. 
 
No registration of denomination pending outcome of objection hearing 
33.—The Registrar shall not register any denomination where an objection in relation to that 
denomination is pending under this Division.  IP/N/1/SGP/P/5 
 Page 17 
 
 
   
Division 3 — Examination 
 
Request for examination 
34.—(1) Upon receipt of notification from the Registra r that the application is in order, an applicant 
shall, within 3 months from the date of the notific ation, submit a request for an examination to the 
Registrar in Form PVP 9 together with the a ppropriate fee specified in the Third Schedule. 
 
(2) The Registrar shall forward such request fo r examination to a local prescribed examination 
authority referred to in section 17 of the Act for the conduct of the examination.  
Examination by local prescribed examination authority 
35.—(1) The applicant shall, within one month of any written request of the local prescribed 
examination authority which receives a request for ex amination under rule 34 (2), submit to the local 
prescribed examination authority at the address sp ecified by that authority, propagating material, 
descriptions, drawings or photographs of the plant variety in respect of  which the examination is to be 
conducted, or any other material or document th at is necessary for conducting an examination. 
 
(2) If during an examination, the local prescribed exam ination authority is of the opinion that the plant 
variety —  
(a) is not distinct, stable or uniform within the meaning of section 22 of the Act; or  (b) is unsuitable for registration for any other reason which, in the opinion of the local 
prescribed examination authority, is relevant to the grant of protection in respect of the plant 
variety,  
the local prescribed examination authority shall not ify the applicant in writing of that opinion and 
shall state fully the reasons for the opinion. 
 
(3) A copy of the written opinion referred to in paragraph (2) shall be sent to the Registrar. 
 (4) The applicant may respond to the written opinion re ferred to in paragraph (2) by submitting to the 
Registrar, and to the local prescribed ex amination authority at the same time — 
 
(a) written arguments disagreeing with the local prescribed examination authority’s opinion; 
 
(b) supporting documents for the further consid eration of the local prescribed examination 
authority; or 
 
(c) an amendment to the description of th e application for plant variety rights. 
 (5) Where the applicant wishes to file written argum ents and an amendment to the description of the 
application under paragraph (4), he shall submit both at the same time. 
 
(6) Any response by the applicant to a written opini on referred to in paragraph (5) shall be made 
within 2 months from the date of the local prescr ibed examination authority's letter enclosing the 
written opinion.  (7) Where the applicant has filed an argument or amendment under paragraph (4), the local prescribed 
examination authority may, in its discretion, issu e a further written opinion to the Registrar stating 
fully the reasons for the opinion referred to in paragraph (2) and the requirement to notify the IP/N/1/SGP/P/5 
Page 18  
 
  applicant in paragraph (2) and the right of the a pplicant to respond in accordance with paragraph (4) 
shall apply to such further written opinion.  (8) Any response by the applicant to the further wr itten opinion referred to in paragraph (7) shall be 
made within 2 months from the da te of the further written opinion. 
 
(9) A further written opinion issued by the local pr escribed examination authority to the Registrar 
referred to in paragraph (7) need not take into  account any argument or amendment filed by the 
applicant under paragraph (4) after it has commenced drawing up its opinion.  Corresponding examination report 
36.—(1) An applicant may, in lieu of submitting a request for an examination under rule 34 (1), 
submit to the Registrar, within 3 months from the date  of the notification referred to in that rule, in 
Form PVP 10, a request to rely on an examin ation report issued and certified by a prescribed 
examination authority in any UPOV member other than Singapore (referred to in this rule as a 
corresponding examination report) together with the fee specified  in item 5 of the Third Schedule. 
 (2) Subject to paragraph (3), the applicant referred to  in paragraph (1) shall submit to the Registrar the 
corresponding examination report within 3 years from th e date of the foreign application referred to in 
section 14 of the Act.  
(3) Where a corresponding examination report has been  issued but the applicant is unable to submit 
the corresponding examination report, the applicant sh all, if he intends to rely on the corresponding 
examination report, ensure that the prescribed examin ation authority which issued that report delivers 
a copy of the report to the Registrar within 3 y ears from the date of the foreign application. 
 
(4) The Registrar shall forward any corresponding examination report it receives under paragraph (2) 
or (3) to a local prescribed examination author ity for consideration by the local prescribed 
examination authority for the purposes of the examination report issued under rule 37.  (5) Notwithstanding paragraph (4), where the Regi strar rejects a corresponding examination report 
under section 18 (2) of the Act, the Registrar shall no tify the applicant in writing of the rejection and 
the reasons why the report was rejected. 
 (6) Where the Registrar rejects a corresponding ex amination report, the applicant shall submit a 
request for examination to a local prescribed examination authority and, for the purposes of 
determining the time within which a request for ex amination is to be submitted, the date of the 
notification of rejection referred to in paragraph (5) shall be taken to be the date of notification that 
the application is in order under rule 34 (1).  
Examination report 
37.—The local prescribed examination authority refe rred to in rule 35 or 36 (4) shall issue an 
examination report to the Registrar upon conclusion of — 
 
(a) its examination under rule 35; or  (b) its consideration of a corresponding  examination report under rule 36, 
 
as the case may be, consisting of a report on whether the plant variety which is the subject of the 
application is distinct, stable and uniform within the meaning of section 22 of the Act. 
  IP/N/1/SGP/P/5 
 Page 19 
 
 
  Removal of material 
38.—(1) The applicant shall effect the removal or disp osal of any propagating or  other material of any 
plant variety submitted to the local prescribed examination authority —  
(a) in a case where the application has been withdrawn before the examination has been 
concluded, within 2 months of  the date of withdrawal; or 
 (b) in a case where the examina tion has been concluded, within 2 months from the date the 
applicant has been notified by the Registrar as to  whether a grant of protection has been made. 
 
(2) If the applicant does not comply with paragra ph (1), the local prescribed examination authority 
may remove or dispose of any propagating or othe r material of any plant variety and recover the 
expenses reasonably incurred in so doing from the applicant. 
  
Division 4 — Making and publication of grant of protection  
 
Making of grant of protection 
39.—(1) Where the Registrar makes a grant of protecti on in respect of an application, he shall notify 
the applicant accordingly and send a certificate of grant of protection to the applicant. 
 (2) Where the Registrar declines to make a grant of protection in respect of an application, he shall 
notify the applicant accordingly.  Publication of grant of protection 
40.—A grant of protection or the rejection of an app lication shall be published at such time and in 
such manner as the Registrar may direct.   
Division 5 — Exceptions to infrin gement of grant of protection  
 
Use of harvested material for farming activities 
41.—For the purposes of section 31 (2) of the Act, the use of any harvested material of any of the 
plant genera and species specified in the Fourth Schedule in accordance with that section shall be 
exempted from the rights of a grantee.   
Division 6 — Replacement denominations 
 
Submission and registration of replacement denominations 
42.—(1) For the purposes of section 38 (2) of the Act, where a grantee is required by the Registrar to 
submit a suitable replacement denomination, the grant ee shall do so within 3 months from the date the 
Registrar notifies him in writing of the requirement to do so.  (2) The Registrar shall publish every replaceme nt denomination submitted under section 15 of the 
Act. 
 (3) Any person who wishes to object to the registra tion of a replacement denomination shall, within 2 
months from the date of publication of the replacement  denomination referred to in paragraph (1), file 
with the Registrar a notice of objection in Form PVP 6.  IP/N/1/SGP/P/5 
Page 20  
 
  (4) The notice of objection shall contain a statemen t of the grounds upon which the person objects to 
the registration of the denomination.  (5) Rules 19 (2) to (8) and 21 to 33 shall apply, w ith the necessary modifications, to any proceedings 
arising from the notice of objection. 
 
(6) For the purposes of the application of the rules referred to in paragraph (5) — 
 
(a) any reference to the registration of a denom ination shall be read as a reference to the 
registration of a replacement denomina tion referred to in paragraph (1); 
 
(b) any reference to the notice of objection sh all be read as a reference to the notice of 
objection referred to in para graphs (3) and (4); and 
 (c) any reference to the objector shall be read  as a reference to the person referred to in 
paragraphs (3) and (4). 
  
PART III 
 
REGISTER  
 
Entry in register of particulars of application, grant of protection and other matters 
43.—(1) No entry shall be made in the register in respect of any application for a grant of protection 
before the application has been published in accordance with section 15 of the Act. 
 
(2) Upon the publication of an application for a gran t of protection, the Registrar shall cause to be 
entered in the register —  
(a) the name and address of the applicant or applicants;  (b) the date of filing and the file reference of the application; 
 
(c) the address for service of the applicant or applicants;  (d) the date on which the application was published;  
(e) the details, descriptions and drawings or photos , or both, of the plant variety in respect of 
which the application is made; and  (f) where applicable, the date of filing and th e file reference of any foreign application 
referred to in section 14 of the Act and the country or territory in which the foreign 
application was made. 
 
(3) The Registrar shall, in addition to the matters re ferred to in paragraph (2), cause to be entered in 
the register —  
(a) the date on which the application has lapsed , has been withdrawn or treated as having been 
withdrawn, or rejected; 
 (b) where a grant of protection has been made in  respect of an application, the date on which 
the grant of protection is made;  IP/N/1/SGP/P/5 
 Page 21 
 
 
   
(c) the address for service, if different from th e entry made in accordance with paragraph (2) 
(c); 
 (d) the cessation of the grant of protection, where applicable; 
 
(e) particulars of any decision to revoke the grant of protection;  (f) particulars of any decision to change the partic ulars as recorded in the register with regards 
to the grant of protection; and 
 
(g) particulars of any court order in relation to the grant of protection.  
(4) Any person may apply to the Registrar in Form PVP 18 for any matter to be entered in the register, 
and the Registrar may, in his discretion, under section 15 (i) of the Act, enter such matter in the 
register. 
 
Application for registration of transactions, instruments, etc. 
44.—(1) An application to register, or to give notice to the Registrar of — 
 
(a) any grant of licence; 
 
(b) any change in ownership of the rights in relation to the grant of protection;  (c) any transfer of a grant of protection; or  
(d) any transfer of a licence, 
 
shall be made on Form PVP 12.  (2) The application shall, unless the Regist rar otherwise directs, be accompanied by — 
 
(a) a certified copy of any document which estab lishes the transaction or matter referred to in 
paragraph (1); or  (b) a certified copy of such extracts from such document as suffice to establish the transaction 
or matter referred to in paragraph (1). 
 
(3) The Registrar may require such other inform ation to be furnished for an application under 
paragraph (1) as he thinks necessary before entering th e particulars of such transaction or matter in the 
register.  
Rectification of error or omission in register 
45.—(1) An application to rectify an error or omi ssion in the register under section 41 (1) of the Act 
shall be made on Form PVP 4.  (2) Where a request is sought to correct the same er ror in both the register and any document filed at 
the Registry in connection with the registration, the request may be made on a single form. 
 
(3) The Registrar may call for such written explanati on of the reasons for the request or evidence in 
support of it as he may require in order to satisfy hims elf that there is an error and shall, upon being so 
satisfied, make such correction as may be agr eed between the applicant and the Registrar. 
 IP/N/1/SGP/P/5 
Page 22  
 
  (4) This rule is without prejudice to the power of the Registrar to correct any irregularity in the 
register which is attributable wholly or in part to an error, a default or an omission on the part of the 
Registry.  
Application to change name and address in register 
46.—(1) A request by a grantee for the alteration of his name or address or address for service entered 
in the register or on any application or other doc ument filed at the Registry shall be made on Form 
PVP 1.  (2) If the Registrar is satisfied that a request to alter a name or an address or address for service may 
be allowed, he shall cause the register, applica tion or other document to be altered accordingly. 
  
PART IV  
 
ANNUAL FEE AND INFORMATION  
 
Payment of annual fee and submission of information 
47.—(1) At any time not less than 2 months but not more than 3 months before each anniversary of 
the date of the grant of protection, the Registra r shall send a notice in writing to a grantee at his 
address for service, notifying him of the date on which the annual fee specified in the Second 
Schedule is due. 
 (2) Payment of the annual fee shall be made to  the Registry together with Form PVP 11. 
 
Extension of time for payment of annua l fee or submission of information 
48.—(1) Subject to paragraph (2), if the applicant wishes to have an extension of time to pay the 
annual fee or to submit the duly completed form re quired under rule 47, he shall file with the 
Registrar a request for an extension of time in Form  PVP 15 before the expiry of the time specified in 
the notice in that rule or any extended period previously allowed by the Registrar.  (2) The total period of extension which may be  granted under paragraph (1) shall not exceed 
4 months. 
 
Cancellation of grant of protection upon failure to provide information or pay annual fee 
49.—(1) The Registrar may cancel a grant of protection under section 26 (2) ( a) of the Act if the 
grantee does not provide such information, documen ts or material as required in Form PVP 11 for 
verifying the maintenance of the plant variety, within  the period specified in the notice in rule 47, or 
any extended period allowed by the Registrar.  (2) The Registrar may cancel a grant of protection under section 26 (2) ( b) of the Act if the grantee 
does not pay the annual fee at the end of the period sp ecified in the notice in rule 47, or any extended 
period allowed by the Registrar. 
 
  IP/N/1/SGP/P/5 
 Page 23 
 
 
  PART V  
 
CANCELLATION AND RENUNCIATION  
 
Application to cancel grant of protection 
50.—(1) An application to the Registrar to cancel a grant of protection under section 26 (2) of the Act 
shall be made on Form PVP 13.  (2) The application shall be accompanied by a stat ement of the grounds on which the application is 
made. 
 
(3) The applicant shall, if he is not the grantee, serve a copy of the application and statement on the 
grantee at the same time as he files these documents with the Registrar.  
Counter-statement 
51.—(1) Within 2 months from the date of receipt of the copies of the application and statement, the 
grantee may file with the Registrar a counter-statement in Form PVP 7 setting out —  
(a) the grounds on which he relies as supporting his grant of protection; and  (b) the facts alleged in the application which he admits, if any. 
 
(2) The grantee shall serve on the ap plicant a copy of the counter-statement at the same time as he 
files the counter-statement with the Registrar.  (3) A request for an extension of time to file the co unter-statement shall be made to the Registrar on 
Form PVP 15 within 2 months from the date of receipt  of the copies of the application and statement. 
 (4) The total extension of time for which the Regist rar may allow to file the counter-statement shall 
not exceed 4 months from the date of receipt of the copies of the application and statement.  (5) Before making a request for an extension of tim e, the grantee shall serve a notice on the applicant 
and every other person likely to be affected  by the extension, which shall contain — 
 
(a) a statement of the grantee’s intention to re quest for the extension, the extension requested 
for, and the reason for the extension; and  
(b) a request for the consent of the app licant or other person to the extension. 
 
(6) The request for the extension shall be suppo rted by a copy of the notice referred to in 
paragraph (5) and the consent in writing, if this is given.  (7) The Registrar may refuse to grant the extension — 
 
(a) if the grantee fails to show a good and sufficient reason for the extension; or  (b) if the grantee fails to show, to the Regist rar’s satisfaction, that a notice referred to in 
paragraph (5) has been served on the applicant a nd every other person likely to be affected by 
the extension. 
 
(8) Where a person on whom a notice referred to in pa ragraph (5) is served fails or refuses to give his 
consent to the extension within 2 weeks from the da te of the notice, the Registrar may, if he is IP/N/1/SGP/P/5 
Page 24  
 
  satisfied that a good and sufficient reason has been s hown for the extension, grant the extension; and 
the Registrar may do so without having to conduct a hearing in accordance with rule 56. 
 (9) Where no counter-statement has been filed within the time allowed, the application for 
cancellation referred to in rule 50 shall be granted. 
 
Further procedure 
52.—(1) Upon an application being made under ru le 50 and a counter-statement being filed under 
rule 51, rules 22 to 32 shall apply, with the necess ary modifications, to furt her proceedings thereon. 
 
(2) For the purposes of the app lication of rules 22 to 32 — 
 
(a) references in those rules to the applicant shall be treated as references to the grantee; 
 (b) references in those rules to the applicati on shall be treated as references to the grantee’s 
grant of protection; 
 (c) references in those rules to the objector sha ll be treated as references to the applicant for 
cancellation; and  (d) the reference in rule 23 (2) to the withdraw al of the application shall be treated as a 
reference to the admission by the grantee to  the facts alleged by the applicant in his 
application for cancellation. 
 
Intervention by third parties 
53.—(1) Any person, other than the grantee, claiming to have an interest in a grant of protection 
which is the subject of an application under rule 50 may apply to the Registrar in writing for leave to 
intervene.  (2) The Registrar may, after hearing the parties concer ned if he so required, refuse leave to intervene, 
or grant leave to intervene upon such terms (includi ng any undertaking as to costs) as he thinks fit. 
 
(3) Any person granted leave to intervene shall, s ubject to the terms and conditions imposed in respect 
of the intervention, be treated as a pa rty to the proceedings in question. 
 
Application for renunciation of grant of protection 
54.—(1) The grantee may apply for the renunciation of  his grant of protection under section 27 (1) of 
the Act by filing with the Registrar a notice in Form PVP 14. 
 (2) A notice under paragraph (1) shall have no effect unless the grantee in that notice — 
 
(a) gives the name and address of every other pe rson having a right in the protected variety 
concerned (if any); and 
 
(b) certifies that each such person —  
(i) has been given not less than 3 months ’ notice of the grantee’s intention to 
renounce the grant of protection; or 
 
(ii) is not affected by the renunciation or if affected consents to the renunciation. 
  IP/N/1/SGP/P/5 
 Page 25 
 
 
  Publication and entry into register of cancellation or renunciation 
55.—Where the Registrar — 
 
(a) cancels a grant of protection pursuant to an  application referred to in rule 50; or 
 
(b) is satisfied that a notice of application fo r the renunciation of a grant of protection referred 
to in rule 54 complies with paragraph (2) of that rule and is otherwise regular, 
 the Registrar shall publish the cancellation or renunciation, as the case may be, and make the 
appropriate entry in the register. 
 
 
PART VI  
 
EVIDENCE AND PROCEDURE  
 
Right of affected party to be heard 
56.—(1) Without prejudice to any of the provisions of the Act or these Rules requiring the Registrar 
to hear any party to proceedings under the Act or the se Rules, or to give such party an opportunity to 
be heard, the Registrar shall, before exercising a ny power given to the Registrar by the Act or these 
Rules adversely to any party, give that party an opportunity to be heard. 
 
(2) The Registrar shall give that party at least 10 days’ notice of the date on which he may be heard. 
 (3) The Registrar shall notify that party of hi s decision made in the exercise of his power. 
 Hearing before Registrar to be in public 
57.—The hearing before the Registrar of any dispute between 2 or more parties relating to any matter 
under the Act or these Rules shall be in public unl ess the Registrar, after consultation with those 
parties who appear in person or are represen ted at the hearing, otherwise directs. 
 
Evidence in proceedings before Registrar 
58.—(1) In any proceedings before the Registrar unde r the Act or these Rules, evidence shall be given 
by way of a statutory declaration, unless otherwise provided by the Act or these Rules or directed by 
the Registrar.  (2) Subject to the provisions of these Rules and th e Oaths and Declarations Act (Cap. 211), Order 41 
of the Rules of Court (Cap. 322, R 5) shall apply, with the necessary modifications, in relation to a 
statutory declaration filed or used in any proceedings  before the Registrar as it applies to an affidavit 
filed or used in any proceedings before the Court.  (3) Any such statutory declaration may, in the case of an appeal to the Court, be used before the Court 
in lieu of evidence by affidavit, and if so used , shall have all the incidents and consequences of 
evidence by affidavit. 
 (4) The Registrar may, in any particular case, take or al evidence in lieu of or in addition to a statutory 
declaration and shall, unless the Registrar otherwi se directs, allow any witness to be cross-examined 
on his statutory declaration or oral evidence. 
 
Statutory declarations 
59.—Any statutory declaration filed under the Act or  these Rules, or used in any proceedings under 
the Act or these Rules, shall be made and subscribed as follows: IP/N/1/SGP/P/5 
Page 26  
 
   
(a) in Singapore, before any justice of the peace, or any commissioner for oaths or other 
officer authorised by law to administer an oath for the purpose of any legal proceedings; 
 (b) in any other part of the Commonwealth, be fore any court, judge, justice of the peace, 
notary public or any officer authorised by law to  administer an oath there for the purpose of 
any legal proceedings; and  (c) elsewhere, before a Consul, Vice-Consul, or other person exercising the functions of a 
Singapore Consul, or before  a notary public, judge or magistrate. 
 
Notice of seal of officer taking declaration 
60.—Any document purporting to have affixed, impressed  or subscribed thereto or thereon the seal or 
signature of any person authorised by rule 59 to ta ke a declaration may be admitted by the Registrar 
without proof of the genuineness of the seal or signature or of the official character of the person or 
his authority to take the declaration. 
  
PART VII  
 
COSTS  
 
Application for costs 
61.—(1) For the purposes of section 12 of the Act, a party to proceedings before the Registrar who 
desires to obtain costs shall apply to the Regist rar for an award of costs in relation to the 
proceedings — 
 
(a) during the proceedings; or 
 
(b) within one month from — 
 
(i) the day on which the Registrar makes a de cision in the proceedings that ends those 
proceedings; or 
 (ii) the date of the Registrar’s notice to the party that the proceedings have been 
withdrawn, discontinued or dismissed,  
as the case may be. 
 (2) Before awarding costs in respect of the proceed ings, the Registrar shall give each party to the 
proceedings an opportunity to be hear d in relation to the award of costs. 
 
Taxation of costs 
62.—(1) Where the Registrar has awarded party and pa rty costs to a party to proceedings before the 
Registrar, if the party wishes to have the costs ta xed by the Registrar, the party shall, within one 
month from the date of the award of costs —  
(a) apply for the costs to be taxed by filing a co py of the bill of costs with the Registrar; and 
 
(b) send at the same time a copy of the bill of co sts to every other person having an interest in 
the taxation proceedings.   IP/N/1/SGP/P/5 
 Page 27 
 
 
  (2) Every bill of costs shall set out the following: 
 
(a) the work done in the cause or matter;  (b) all disbursements made in the cause or matter; 
 
(c) the sum claimed for each item; and  (d) in chronological order and with dates, all events in the cause or matter which are relevant 
to the taxation proceedings. 
 
(3) Where costs have already been awarded for any of the items set out in the bill of costs, this fact 
and the amount awarded shall be indicated.  (4) Any party on whom a copy of  the bill of costs has been serve d in accordance with paragraph (1) 
shall, if he wishes to dispute the bill or any part th ereof, within one month from the receipt of the copy 
of the bill, mark the copy in acco rdance with paragraph (5) and send copies of the marked copy to the 
Registrar and the party requesting for taxation.  (5) The marking of a copy of a bill of costs sha ll be effected by writing on the right hand margin 
against each item the word “Agree” if the party concer ned agrees with the cost claimed for that item, 
or the word “Disagree” if the party concerned disagrees with the cost claimed for that item. 
 (6) Upon expiry of the period referred to in paragr aph (4), the Registrar shall give to the parties 
having an interest in the taxation proceedings no tice of the date and time appointed for taxation. 
 Taxation proceedings 
63.—(1) If any party entitled to be heard in any taxation proceedings does not attend at the time 
appointed for taxation, the Registrar may proceed with the taxation.  (2) The Registrar may, if he thinks it necessary to do so, adjourn the proceedings.  Scale of costs 
64.—(1) The provisions in the Fifth Schedule sha ll apply in relation to  taxation proceedings. 
 (2) Costs awarded in these proceedings are not inte nded to compensate the parties for the expense to 
which they may have been put. 
 
Certificate 
65.—When a bill of costs has been taxed, the part y who requested the taxation may file with the 
Registrar Form PVP 19, and the Registrar shall proc eed to issue to him a certificate for the amount of 
the taxed costs.  
 
PART VIII  
 
EXTENSION OF TIME  
 
Request for extension of time 66.—(1) Any period of time — 
 
(a) prescribed by these Rules; or IP/N/1/SGP/P/5 
Page 28  
 
   
(b) specified by the Registrar for doi ng any act or taking any proceedings, 
 
may, at the request of the person or party concerne d, be extended by the Registrar by such period and 
upon such terms as the Registrar considers fit. 
 
(2) Before making a request for an extension of time, the person seeking the extension shall serve a 
notice on every person or party likely to be aff ected by the extension, which shall contain — 
 
(a) a statement of his intention to request for the extension, the extension requested for, and 
the reason for the extension; and 
 
(b) a request for the consent in writing of the person or party to the extension.  
(3) The request for extension shall be made before the expiry of the period of time in question and 
shall be supported by a copy of the notice referred to in paragraph (2) and the consent in writing, if 
this is given.  (4) The Registrar may refuse to grant the extension —  
(a) if the person requesting the extension fails  to show a good and sufficient reason for the 
extension; or 
 (b) if the person fails to show, to the Registra r’s satisfaction, that a notice referred to in 
paragraph (2) has been served on every person or pa rty likely to be affected by the extension. 
 
(5) Where a person or party on whom a notice referred to in paragraph (2) is served fails or refuses to 
give his consent to the extension within 2 weeks from the date of the notice, the Registrar may, if he is 
satisfied that a good and sufficient reason has been s hown for the extension, grant the extension; and 
the Registrar may do so without having to conduct a hearing in accordance with rule 56. 
 (6) Paragraphs (1) to (5) shall not apply to the following matters: 
 
(a) the doing of any act referred to in rules 9 (6), 28 (8), 35 (1), (6) and (8), 38 (1), 48 (2), 61 (1) (b) and 62 (1) and (4); 
 (b) the filing of a notice of objection under rule 19 or 42; and 
 
(c) the filing of a counter-statement under rule 21 or 51. 
 
Where non-compliance with time caused by Registry 
67.—(1) Where, by reason of an act or omission of any person employed in the Registry, an act or 
step in relation to an application for the grant of plant varieties right or any other proceedings before 
the Registrar, required to be done or taken within a period of time, has not been so done or taken, the 
Registrar may, notwithstanding the provisions of these Rules, extend the period for doing the act or 
taking the step by such period as the Registrar thinks fit.  (2) Notwithstanding the provisions of these Rules, th e period of time for doing an act or taking a step 
under paragraph (1) may be extended although the period has expired. 
 
Change of commencement date of period for filing evidence 
68.—Where the period within which any party to an y proceedings before the Registrar may file 
evidence under these Rules is to begin upon the expiry  of any period in which any other party may file  IP/N/1/SGP/P/5 
 Page 29 
 
 
  evidence and that other party notifies the Registrar that  he does not wish to file any, or any further, 
evidence, the Registrar may direct that the period within which the first-mentioned party may file 
evidence shall begin on such date as may be specified  in the direction, and the Registrar shall notify 
all parties to the dispute of that date.  
 
PART IX 
 
MISCELLANEOUS PROVISIONS  
 
Hours of business and excluded days 69.—(1) Any business done under the Act or these Rules — 
 
(a) on any day after the hours of business of the Registry for that class of businesses; or 
 
(b) on any day which is an excluded day for that class of business, 
 
shall be taken to have been done on the next following  day which is not an excluded day for that class 
of business.  (2) Where the time for doing any business under the Act or these Rules expires on an excluded day for 
the doing of that class of business, that time shall be extended to the next following day which is not 
an excluded day for the doing of that class of business.  
Extension of period where interruption in postal service, etc. 
70.—(1) Where, on any day, there is an interruption in — 
 
(a) the postal service of Singapore; or 
 
(b) the operation of the Registry, 
 the Registrar may certify that day as one on which th ere has been an “interruption” and, where any 
period of time specified in the Act or these Rules for the giving, sending, filing or serving of any 
notice, application or other document expires on a da y so certified, the period shall be extended to the 
first following day (not being an excluded day) which is not so certified.  (2) A certificate given under paragraph (1) shall be posted on the notice board of the Registry. 
 
(3) If in any case the Registrar is satisfied that the failure to give, send, f ile or serve any notice, 
application or other document within the period sp ecified in the Act or these Rules was wholly or 
mainly attributable to a failure of or delay in th e postal service of Singapore, the Registrar may, if he 
thinks fit and upon such terms as he may direct, extend the period so that it ends on the day of the receipt by the addressee of the notice, application or ot her document or, if the day of such receipt is an 
excluded day, on the first following day which is not an excluded day. 
 (4) The Registrar shall give notice of an extension referred to in paragraph (3) to all parties to the 
matter.  Certificates and copies 
71.—An application under section 40 (3) of the Act for — 
 
(a) a certified copy of an entry in the register; or IP/N/1/SGP/P/5 
Page 30  
 
   
(b) a certified extract from the register,  
shall be made on Form PVP 16.  Irregularities 
72.—Any irregularity in procedure which, in the opini on of the Registrar, is not detrimental to the 
interests of any person or party may be corrected on such terms as the Registrar may direct.  
Case management conference 
73.—Notwithstanding anything in these Rules, at any stage of any application to or proceedings 
before the Registrar, the Registrar may direct th e applicant or parties to attend a case management 
conference in order that the Registrar may make such order or give such direction as he thinks fit for 
the just, expeditious and economical disposal of the matter.  Registrar’s power to require docu ments, information or evidence 
74.—At any stage of any proceedings before the Re gistrar, the Registrar may direct that such 
documents, information or evidence as he may reasonabl y require shall be filed within such period as 
he may specify.  
Address altered by public authority 
75.—(1) No fee need be paid for filing a request wi th the Registrar to alter an address or address for 
service, as the case may be, if the alteration of the address was made by a public authority and the 
altered address designates the same premises as before.  (2) A request referred to in paragraph (1) shall be  accompanied by the relevant documentary evidence 
of such alteration by the public authority. 
 
Application to Court 
76.—A person who makes an application to the Cour t under the Act shall, as soon as practicable, file 
a copy of the application with the Registrar.  Filing of court orders 
77.—(1) Where an order is made by the Court in any matter under the Act, the person or persons in 
whose favour the order is made shall,  as soon as practicable, file a copy  of the order with the Registrar 
on Form PVP 17.  
(2) If the order is to rectify or alter the register, the person in whose favour the order is made or, if 
there is more than one person, such one of them , as the Registrar may direct, shall file with the 
Registrar Form PVP 17.  (3) The Registrar shall rectify or alter the register in accordance with such order. 
 Plant Varieties Protection Journal 
78.—The Registrar shall publish a journal, to be ca lled the Plant Varieties Protection Journal, which 
shall contain —  
(a) all such matters as are required to be publis hed in that Journal under rules 4 (1) and (3), 
16, 18 (2), 40, 42 (2) and 55; and 
 (b) such other information as the Registrar thinks fit. 
  IP/N/1/SGP/P/5 
 Page 31 
 
 
  Translations 
79.—(1) Unless otherwise provided for in these Rules,  where any document or part of a document 
which is in a language other than English is filed at  the Registry or sent to the Registrar in pursuance 
of the Act or these Rules, it shall be accompanied by  a translation into English of the document or that 
part, verified to the satisfaction of the Re gistrar as corresponding to the original text. 
 
(2) Where the document is or forms part of an appl ication, the Registry shall not, in the absence of 
such a translation, take any further action in rela tion to that document, unless the Registrar otherwise 
directs.  
(3) Where more than one copy of th e document referred to in paragraph (1) or (2) is required to be so 
filed or sent, a corresponding number of copies of the translation shall accompany it.  (4) The Registrar may refuse to accept any tran slation which is in his opinion inaccurate and 
thereupon another translation of the document in qu estion verified as aforesaid shall be furnished, 
together with the appropriate number of copies thereof. 
 
Inspection of register, etc. 
80.—Any person may, upon request and payment of th e applicable fee referred to in the Second 
Schedule —  
(a) inspect the register; or 
 
(b) search and retrieve — 
 
(i) information on applications for the grant of protection; and 
 
(ii) any other information as the Registrar may allow,  in his absolute discretion, to be 
retrieved from the register.  
 
 
FIRST SCHEDULE 
Rule 2 (1) 
 
LOCAL PRESCRIBED EXAM INATION AUTHORITIES 
 
The Agri-Food and Veterinary Authority. 
 IP/N/1/SGP/P/5 
Page 32  
 
  SECOND SCHEDULE 
 
Rules 3 (1) and (2), 11 (1) ( b), 47 (1) and 80 
 
FEES 
  
Form No.   Matter   Corresponding Rule(s)   Fees  
PVP 1  (a) Request to change the name 
and/or address of an applicant for 
a grant of protection  Rules 9 (5) and (7), 17 (2) 
and 46 (1)  $20 
  (b) Request to change the name 
and/or address of a grantee     
  (c) Request to change an address 
for service     
       
PVP 2  (a) Filing of a notice of 
appointment or substitution of procedural representative  Rule 10 (1), (4) and (5)  $8.50 
  (b) Change in name of procedural 
representative     
       
PVP 3  Application for grant of protection 
under section 13 of the Act  Rule 11 (1)  $1,600 
       
PVP-TQ  Technical questionnaire  Rule 11 (1) ( a)  — 
       
PVP 4  (a) Application to amend an 
application for a grant of protection  Rules 17 (1) and (6) and 45 
(1)  $40 
  (b) Application for rectification of 
an error or omission in the 
register under section 41 of the 
Act     
       
PVP 5  Notice of withdrawal of 
application for grant of protection 
under section 19 of the Act  Rule 18 (1) and (2)  — 
       
PVP 6  Filing of a notice of objection  Rules 9 (4) ( b), 19 (1) and 
42 (3)  $340 
       
PVP 7  Filing of a counter-statement  Rules 21 (1) and 51 (1)  $325 
        IP/N/1/SGP/P/5 
 Page 33 
 
 
  PVP 8  Filing of a notice of appearance at 
hearing  Rule 28 (3), (4) and (5)  $650 
       
PVP 9  Request for examination by local 
prescribed examination authority 
under section 17 of the Act  Rule 34 (1)  $20 
       
PVP 10  Request to submit examination 
report by a prescribed examination authority in any UPOV member  Rule 36 (1)  $20 
       
PVP 11  Payment of annual fee and 
submission of information under section 24 (3) of the Act  Rules 47 (2) and 49 (1)  $100 
       
PVP 12  (a) Application to register 
particulars of a transaction or matter under section 42 of the Act  Rules 9 (4) ( a) and 44 (1)  $80 
  (b) Application to cancel or amend 
the particulars of a transaction or matter under section 42 of the Act     
       
PVP 13  Application for the cancellation of 
a grant of protection  Rule 50 (1)  $50 
       
PVP 14  Notice of renunciation of a grant 
of protection  Rule 54 (1)  $50 
       
PVP 15  Request for an extension of time  Rules 19 (3), 21 (4), 48 (1) 
and 51 (3)  $30 
       
PVP 16  Application for a certified copy of 
an entry in the register or a 
certified extract from the register under section 40 (3) of the Act  Rule 71  $30 
       
PVP 17  Filing of an order of the Court 
with the Registrar (other than in 
relation to an application under PVP 12 or PVP 13)  Rule 77 (1) and (2)  $50 
       
PVP 18  Request for publication of matters 
under section 15 (i) of the Act  Rule 43 (4)  $75 
       IP/N/1/SGP/P/5 
Page 34  
 
  PVP 19  Request to extract the Registrar’s 
Certificate of Taxation  Rule 65  $30 
       
—  Inspection of register under 
section 40 (2) of the Act and 
obtaining of copies of documents 
and computer print-outs under section 40 (4) of the Act —  Rule 80   
       
  (a) for each search per file    $6 
  (b) for any document placed in the 
public search room —     
  (i) self-service photocopying of 
each page or part thereof using a stored-value card    $0.15 
  (ii) photocopying of each page or 
part thereof by the staff of the Registry    $0.30 
  (c) for photocopying of each page 
or part thereof of any other document by the staff of the 
Registry    $0.30 
  (d) for each page of computer 
print-out from an electronic database of the Registry    $0.30. 
 
 
THIRD SCHEDULE  
 
Rules 3 (1) and (2), 34 (1) and 36 (1) 
 
FEES PAYABLE FOR SUBMISSION  OF EXAMINATION REQUEST 
OR REQUEST TO RELY ON CORRESPONDING EXAMINATION 
REPORT  
 
 
Matter   Fees  
1. Examination request for examination of orchids or 
ornamentals plants  $4,560 
   
2. Examination request for examination of aquatic plants (at 
premises of the local prescribed examination authority)  $3,420 
   
3. Examination request for examination of aquatic plants (at 
premises of the applicant)  $2,640  IP/N/1/SGP/P/5 
 Page 35 
 
 
     
4. Examination request for examination of vegetables  $3,920    5. Request to rely on corresponding examination report  $570    
 
 
FOURTH SCHEDULE  
Rule 41 
 
PLANT GENERA AND SPECIES EX EMPTED FROM RIGHTS OF 
GRANTEE UNDER SECTION 31 (2) OF ACT 
 
  Botanical Name   Common Name  
1. Orchids  Dendrobium Sw.  Dendrobium 
  Mokara  Mokara   Oncidium Sw.  Oncidium   Vanda R. Br.  Vanda   Aranda  Aranda   Aranthera  Aranthera 
  Phalaenopsis Blume  Phalaenopsis 
  Renantanda  Renantanda      2. Aquatic plants and Ornamentals  Anubias  Anubias   Cryptocoryne  Cryptocoryne 
  Echinodorus  Sword Plant 
  Limnophilla  Limnophilla   Heliconia  Heliconia      3. Vegetables  Brassica chinensis L.  Baicai, Xiaobaicai   Brassica chinensis var 
parachinensis 
  Caixin. 
 IP/N/1/SGP/P/5 
Page 36  
 
  FIFTH SCHEDULE  
Rule 64 (1) 
 
SCALE OF COSTS  
 
 Matter   Amount  
1. Drawing and filing notice of objection, application for 
cancellation of a grant of protection, or application for rectification of an entry in the register, all including a statement of grounds  $200 
2. Drawing and filing counter-statement  $200 
    3. Preparing and filing evidence for objection and 
revocation, invalidation or rectification proceedings  $200 — $1,000 per statutory 
declaration 
    
4. Perusing any document referred to in ite ms 1, 2 and 3  $100 — $500 per document 
     INTERLOCUTORY HEARINGS       5. Preparing for all interlocutory proceedings  $50 — $300     
6. Attending all interlocut ory proceedings  $50 — $300 
     FULL HEARINGS       7. Preparing for hearing  $500 — $2,000 
    
8. Attendance at hearing  $200 an hour or $800 a day     9. General expenses and travelling of each witness 
required to attend the hearing  $100 — $200 per day (Expert) 
$50 — $100 per day (Non expert) 
    
 TAXATION   
    10. Drawing bill of costs  $3 per page     11. Attending taxation and obtaining the Registrar's 
certificate or order  $100-$300 
[G.N. No. S 368/2004] 
 
 
__________