WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SGP/P/4 
15 July 2009 
 (09-3501) 
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 Act 2006 Revised 
Edition, 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 de l'Édition révisée de 2006 de la Loi sur la protection 
des variétés végétales, notifiée par Singapour le 15 avril 2009 au titre de l'article 63:2 de l'Accord 
(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 Ley de Protección de Obtenciones 
Vegetales, edición revisada de 2006, notificada por Singapur el 15 de abril de 2009 de conformidad 
con el párrafo 2 del artículo 63 del Acue rdo (véase el documento IP/N/1/SGP/4). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/SGP/P/4 
Page 2  
 
   
Requested version was 31 Mar 2009; Closest avail able version is 01 Mar 2007; Generated on 31 Mar 2009 
16:39:57(GMT+8).  
 
  Front Page  [ Jump to: Front Page  / Arrangement of Provisions  / Actual Provisions  ] 
 
 
PLANT VARIETIES PROTECTION ACT 
(CHAPTER 232A) 
 
 
History  Act 22 of 
2004  
->2006 REVISED 
EDITION 
 
   
An Act to provide for the protection of plant varieties.  
[1st July 2004]   
  Arrangement of Provisions  [ Jump to: Front Page  / Arrangement of Provisions / Actual Provisions ]
  
 
PART I  
PRELIMINARY  
1 Short title  
2 Interpretation  
3 Act to bind Government  
4 Application of Act to certain plants  
PART II  
ADMINISTRATION  
5 Registrar of Plant Varieties and other officers  
6 Delegation by Registrar  
7 Registry of Plant Varieties  
8 Seal of Registry  
9 Powers of Registrar  
10 Disobedience to summons an offence  
11 Refusal to give evidence an offence  
12 Costs awarded by Registrar  
PART III  
APPLICATION FOR GRANT OF PROTECTION  
13 Application for grant of protection  
14 Priority resulting from foreign application  
15 Publication  
16 Objections to denomination and grant of protection  
17 Examination of plant variety  
18 Corresponding examination   IP/N/1/SGP/P/4 
 Page 3 
 
 
  19 Withdrawal or lapse of application  
20 Provisional protection  
PART IV  
GRANT AND REVOCATION OF PROTECTION  
21 Making of grant of protection  
22 Conditions for grant of protection  
23 Varieties bred or discovered and devel oped by 2 or more persons independently  
24 Term of grant of protection  
25 Grounds of invalidity of grant of protection  
26 Cancellation of grant of protection  
27 Renunciation of grantee’s right  
PART V  
SCOPE AND NATURE OF GRANT OF PROTECTION  
28 Scope and nature of grant of protection  
29 Essentially derived and certain other plant varieties  
30 Infringement of grant of protection  
31 Exceptions to infringement of grant of protection  
32 Exhaustion of grant of protection  
PART VI  
AUTHORISATION AND COMPULSORY LICENCES  
33 Rights under authorisation  
34 Compulsory licences  
PART VII  
NOTICE OF PROTECTION  
35 Notice of protection  
PART VIII  
DENOMINATION  
36 Approval and registration of denomination  
37 Use of denomination  
38 Invalidation of regist ration of denomination  
PART IX  
REGISTER OF PLANT VARIETIES  
39 Register to be maintained  
40 Inspection of and extract from register  
41 Rectification of register  
42 Changes reflected in register  
43 Registration to be prima facie evidence of validity  
PART X  
OFFENCES  
44 Falsification of register  
45 Falsely representing plant variety as protected variety  
46 Misuse of denomination  
PART XI  
MISCELLANEOUS  
47 Registrar not liable in respect of official acts  
48 Right of appeal  IP/N/1/SGP/P/4 
Page 4  
 
  49 Forms and directions of Registrar
 
50 Fees  
51 Hours of business and excluded days  
52 Composition of offences  
53 Jurisdiction of court  
54 Rules  
 
THE SCHEDULE  
PLANT GENERA AND SPECIES TO WHICH ACT APPLIES  
 
LEGISLATION HISTORY  
 
  
  Actual Provisions  [ Jump to: Front Page  / Arrangement of Provisions / Actual Provisions ]
  IP/N/1/SGP/P/4 
 Page 5 
 
 
   
PLANT VARIETIES PROTECTION ACT  
 
(CHAPTER 232A)  
 
An Act to provide for the protection of plant varieties.  
 
[1st July 2004]   
 
Notes :— Unless otherwise stated, the abbreviations used in the references to other Acts and statutory 
provisions are references to the following Acts and statutory provisions. The references are provided 
for convenience and are not part of the Act:  
Aust. Plant Act 1994 : Australia, Plant Breeder’s Rights Act 1994 
HK Plant Ord. 1997 : Hong Kong, Plant Vari eties Protection Ordinance (Chapter 490, 
1997 Ed.) 
ICPNVP 1991 : International Convention for the Protection of New Varieties of 
Plants 1991 
UPOV Model Law 1996 : Model Law on the Protection of New Varieties of Plants by 
UPOV, 1996 
Sweden Plant Act 1997 : Sweden, Act on the Protection of Plant Breeders’ Rights, 1997 Patents 1995 Ed. : Singapore Patents Act (Chapter 221, 1995 Revised Edition) Trade Marks 1999 Ed. : Singapore Trade Marks Act (Chapter 332, 1999 Revised Edition) 
 
PART I  
 
PRELIMINARY  
 
Short title 1.—This Act may be cited as the Plant Varieties Protection Act.  
 
Interpretation 
2.—In this Act, unless the context otherwise requires —  
 
"applicant" , in relation to any application, me ans the person by whom or on whose behalf the 
application is made;   "application" means an application for a grant of protection;   
"breeder" , in relation to any plant variety, means —    
 
(a) subject to paragraph ( b), a person who bred, or di scovered and developed, the 
plant variety;   
(b) if the plant variety was bred, or disc overed and developed, by a person in the 
course of performing his duties or functions  as an employee of another person, that 
other person; or  IP/N/1/SGP/P/4 
Page 6  
 
   
(c) the successor in title to the person in paragraph ( a) or ( b), as the case may be;  
 
"Convention" means the international agreemen t called the International Convention for the 
Protection of New Varieties of Plants of 2nd December 1961, as revised or amended from 
time to time;  
 "Court" means the High Court;   "denomination" means the distinguishing name or identification for a plant variety;  
 
"grant of protection" means a grant of prot ection made by the Registrar under section 21;  
 "grantee" means the holder of a grant of protection;  
 
"harvested material" means any harvested mate rial to which the rights of a grantee under 
section 28 (1) are extended by virtue of section 28 (7);  
 
"Office" means the Intellectual Property Office of Singapore incorporated under the Intellectual Property Office of Singapore Act (Cap. 140);  
 
"plant" includes all fungi and algae but does not include bacteria, bacteroids, mycoplasmas, 
viruses, viroids and bacteriophages;   "plant variety" means a plant grouping within a single botanical taxon of the lowest rank 
which, irrespective of whether the conditions for a grant of protection are fully met, can be —  
 
(a) defined by the expression of the charact eristics resulting from a given genotype or 
a combination of genotypes;   (b) distinguished from any other plant groupi ng by the expression of at least one of 
those characteristics; and  
 
(c) considered as a unit with regard to its suitability for being propagated unchanged;  
 
"prescribed examination authority" means su ch plant variety examination authority in 
Singapore or any other UPOV member as the Minister may from time to time prescribe;  
 
"procedural representative", in relation to any plan t variety, means a person who is resident or 
has an office in Singapore and who is appointed by the breeder of that variety to act on his 
behalf in respect of the making of any applica tion for, or any proceedings relating to, a grant 
of protection for that variety;   
"propagating material", in relation to a plant of a particular plant variety, means any part or 
product from which, whether alone or in combin ation with other parts or products of that 
plant, another plant with the same es sential characteristics can be produced;  
 "propagation", in relation to a plant or any of  its components, means the growth, culture or 
multiplication of that plant or component;  
 "protected variety" means a plant variety in resp ect of which a grant of protection is in force, 
and includes any essentially derived or other plant variety to which the grant of protection is extended by virtue of section 29 (1);   IP/N/1/SGP/P/4 
 Page 7 
 
 
   
"register" means the register of plant varieties maintained under section 39;  
 "Registrar" means the Registrar of Plant Varieties referred to in section 5;   
"Registry" means the Registry of Plant Varieties referred to in section 7;  
 "relevant characteristics", in relation to an y plant variety, means the phenotypical and 
genotypical expressions of the variety that permit its identification;   
"term", in relation to a grant of protection, means the term of the grant of protection under 
section 24;   "UPOV member" means a state or an intergovern mental party to the Convention which is a 
member of the International Union for the Prot ection of New Varieties of Plants constituted 
pursuant to the Convention.  
 
[HK Plant Ord. 1997, s. 2; ICPNVP 1991, Art. 1 (iv); Aust. Plant Act 1994, s. 3]   
 
Act to bind Government 
3.—This Act shall bind the Government but nothing in  this Act shall render the Government liable to 
be prosecuted for an offence.   
 
[Patents 1995 Ed., s. 3; Trade Marks 1999 Ed., s. 100]   
 
Application of Act to certain plants 
4.—(1) This Act only applies to the plant ge nera and species listed in the Schedule.   
 (2) The Minister may, by notification in the Gazette , amend the Schedule.   
 
[HK Plant Ord. 1997, s. 4]   
  
PART II  
 
ADMINISTRATION  
 
 
Registrar of Plant Varieties and other officers 
5.—(1) There shall be a Registrar of Plant Varieties w ho shall have the chief control of the Registry of 
Plant Varieties.    (2) There shall be one or more Deputy Registrars of Plant Varieties who shall, subject to the control of 
the Registrar, have all the powers and functions of the Registrar under this Act, other than the powers 
of the Registrar under section 6.    (3) There shall be one or more Assistant Registrars of Plant Varieties.    
(4) The Registrar and all the other officers under this  section shall be appointed by the Minister.   
 
[HK Plant Ord. 1997, s. 5]   
 IP/N/1/SGP/P/4 
Page 8  
 
  Delegation by Registrar 
6.—(1) The Registrar may, in relation to a partic ular matter or class of matters, by writing under his 
hand, delegate all or any of his pow ers or functions under this Act (ex cept this power of delegation) to 
an Assistant Registrar of Plant Varieties so that the delegated powers and f unctions may be exercised 
by the delegate with respect to the matter or class of matters specified in the instrument of delegation.   
 
(2) A delegation under this section is revocable at will and no delegation shall prevent the exercise of 
a power or function by the Registrar or by any Deputy Registrar of Plant Varieties.    
Registry of Plant Varieties 
7.—For the purposes of this Act, there shall be an  office which shall be known as the Registry of 
Plant Varieties.   
Seal of Registry 
8.—There shall be a seal of the Registry and impres sions of the seal shall be judicially noticed.  
 
Powers of Registrar 
9.—The Registrar may, for the purposes of this Act —  
 
(a) summon witnesses;   
(b) receive evidence on oath, whether orally or otherwise; and  
 (c) require the production of documents or articles.   
Disobedience to summons an offence 
10.—(1) A person who has been summoned to appear as a witness before the Registrar shall not, 
without lawful excuse, fail to appear  in obedience to the summons.   
 (2) A person who has been required by the Regist rar to produce a document or article shall not, 
without lawful excuse, fail to produce the document or article.    
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable 
on conviction to a fine not exceeding $2,000 or to im prisonment for a term not exceeding 3 months or 
to both.    
Refusal to give evidence an offence 
11.—(1) A person who appears before the Registrar sh all not, without lawful excuse, refuse to be 
sworn or to make an affirmation, or to produce do cuments or articles, or to answer questions, which 
he is lawfully required to produce or answer.    (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on 
conviction to a fine not exceeding $2,000 or to im prisonment for a term not exceeding 3 months or to 
both.   
 
Costs awarded by Registrar 
12.—(1) The Registrar may award costs in respect of  the matters, and in the amounts provided for in 
rules made under this Act, against any part y to proceedings brought before him.   
 
(2) The rules may provide for the taxa tion of the costs, or any part of the costs, by the Registrar.   
 (3) A party desirous to obtain costs or to have the costs taxed must apply to the Registrar in 
accordance with the rules.    IP/N/1/SGP/P/4 
 Page 9 
 
 
   
(4) If a party is ordered to pay the costs of anothe r party, the costs may be recovered in a court of 
competent jurisdiction as a debt due by the first party to the other party.     
PART III  
 
APPLICATION FOR GRANT OF PROTECTION  
 
 
Application for grant of protection 13.—(1) An application for a grant of protection for a plant variety shall be made by the breeder of 
that plant variety in the prescribed manner to the Registrar.    (2) The application shall contain or  be accompanied by the following:  
 
(a) a description of the plant variety;   (b) the proposed denomination for the plant variety which qualifies for approval and registration under section 36;   
(c) an address for service in relation to that application, being an address within Singapore; 
and   (d) if a right of priority is claimed under sec tion 14, full particulars of the relevant priority 
application.  
 
(3) The application shall be accompanied by an application fee and such other fees as may be 
prescribed.    (4) An application that complies with subsections (1 ), (2) and (3) at the time it is received at the 
Registry shall, for the purposes of this Act,  be deemed to be made at that time.   
 
(5) An application that does not comply with subsect ion (1), (2) or (3) at the time it is received shall 
nevertheless be deemed to be made at that time if  it is rectified within such time and in such manner 
as the Registrar may specify.    
(6) The Registrar shall, if satisfied that an appli cation complies with subsections (1), (2) and (3) —  
 
(a) publish the application and the proposed denomination for the plant variety in the prescribed manner; and   (b) notify the applicant of the publication.  
 
[Sweden Plant Act 1997, Art. 2]   
 
Priority resulting from foreign application 
14.—(1) If —   
 
(a) the breeder of a plant variety has made an  application in any UPOV member other than 
Singapore (referred to in this section as the forei gn application) for the equivalent of a grant 
of protection; and  IP/N/1/SGP/P/4 
Page 10  
 
   
(b) within 12 months after —   
(i) the date on which the foreign application was made; or   
(ii) where more than one foreign applica tion has been made (whether in one UPOV 
member or more than one UPOV member), the date the earliest foreign application 
was made,   
the breeder makes an application for the grant of  protection in respect of the plant variety in 
Singapore,  
 
the breeder may, when making the application under this Act, claim a right of priority and sections 22 and 23 shall apply to the application for a grant of  protection in Singapore as if it had been made on 
the date the foreign application (or the ea rliest foreign application) was made.   
 
(2) The breeder shall, within 3 months of making the claim of a right of priority under subsection (1), submit to the Registrar a copy of  any document constituting the foreign application, 
which must be certified as correct by the author ity in the UPOV member to which the foreign 
application was made.    
(3) The breeder shall be allowed a period of 2 year s after the expiration of the period referred to in 
subsection (1) ( b) or, where the foreign application (or the ear liest foreign application) is rejected or 
withdrawn, a period of 2 years after such rejecti on or withdrawal, in which to furnish any necessary 
information, document or material required for the purpose of the examination under section 17 to the 
Registrar or a local prescribed examination author ity, as the case may be, or an examination report 
under section 18 to the Registrar.   
 
[HK Plant Ord. 1997, s. 20]   
 
Publication 
15.—The Registrar shall publish the following info rmation in the prescribed manner at regular 
intervals:  
 
(a) applications for grant of protection;   (b) registrations of denominations for protected varieties;  
 
(c) withdrawals of applications for grant of protection;   (d) rejections of applications for grant of protection;   (e) grants of protection made;  
 
(f) any change in the breeder or procedural re presentative in respect of a plant variety;  
 (g) lapses of grants of protection;   
(h) licences in relation to grants of protection, where applicable;  
 (i) any other matters which the Registrar thinks fit.   
[UPOV Model Law 1996, Art. 30]    IP/N/1/SGP/P/4 
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Objections to denomination and grant of protection 
16.—(1) Any person may, within the prescribed peri od after the publication of a denomination, by 
notice in writing to the Registrar, object to the approval of that denomination.    
(2) Any person may, within the prescribed period afte r the publication of an application for a grant of 
protection for a plant variety, by notice in writing to  the Registrar, object to the making of a grant in 
respect of that plant variety on the ground that th e plant variety is not new within the meaning of 
section 22.    
(3) The Minister may make rules to provide fo r objection proceedings and for matters relating 
thereto.    (4) If a person who neither resides nor carries on business in Singapore makes an objection under this 
section, the Registrar may require the person to give security for the costs of the proceedings and may, 
if security is not given, dismiss the proceedings.   
 
[HK Plant Ord. 1997, s. 14]   
 
Examination of plant variety 
17.—(1) Subject to section 18, the applicant shall,  within the prescribed period after making an 
application, give to the Registrar or any prescribed  examination authority in  Singapore (referred to in 
this section as a local prescribed examination authority) —   
(a) in such detail as the Registrar or the local  prescribed examination authority may require 
for examination under subsection (2), a description of —  
 
(i) the origin and breeding of the plant variety concerned (referred to in this section as the candidate variety);   (ii) the botanical features of the candidate variety; and   
(iii) at least one plant variety that is, to the knowledge of the breeder, most similar to 
the candidate variety and at least one char acteristic which distinguishes the candidate 
variety from such other variety or varieties; and   
(b) propagating material of the candidate variety.  
 
(2) The Registrar or the local prescribed examinati on authority shall examine the candidate variety —  
 
(a) to verify whether the candidate variet y belongs to the stated botanical taxon;  
 (b) to establish whether the candidate variety is distinct, uniform and stable; and  
 
(c) where the candidate variety is found to  meet the requirements in paragraphs ( a) and ( b), to 
establish an official description of the variety.   
(3) The Registrar or the local prescribed examinati on authority may, by way of written notice, request 
the applicant to furnish any further information, document or propagating material of the candidate 
variety and of any similar plant variety in addition to any plant variety referred to in subsection (1) ( a) 
(iii).    IP/N/1/SGP/P/4 
Page 12  
 
  (4) Where the Registrar or the local prescribed exam ination authority has made a request for further 
information, documents or propagating material  under subsection (3), the applicant shall —  
 
(a) furnish such information, document or propaga ting material within the period stated in the 
written notice; or  
 
(b) where such information, document or propa gating material is not available, notify the 
Registrar or the local prescribed examination aut hority, as the case may be, of this fact within 
that period.   
[HK Plant Ord. 1997, s. 13; UPOV Model Law 1996, Art. 37]   
 
Corresponding examination 
18.—(1) Subject to subsection (2), the applicant may,  instead of complying with the provisions in 
section 17, lodge with the Registrar in such ma nner as the Registrar may require and within the 
prescribed period, an examination report issued and certified by a prescribed examination authority in 
any UPOV member other than Singapore.    (2) The Registrar may reject an examination repor t lodged under subsection (1), in which case the 
applicant shall comply with the provisions in section 17.    Withdrawal or lapse of application 
19.—(1) Any application may be withdrawn by the a pplicant at any time before a grant of protection 
is made in respect of it.    (2) The withdrawal of an application shall not affect  the liability of the applicant for any fees that may 
have become payable up to the date of that withdrawal.   
 (3) Where any information, document or material re quired to be given to the Registrar or a local 
prescribed examination authority under the provisions  of this Act is not s upplied within the period 
stated in the written notice issued by the Registrar or the local prescribed examination authority, as the 
case may be, requiring such information, document or material, the application concerned shall lapse 
upon the expiration of that period.   
 
[HK Plant Ord. 1997, s. 15]   
 
Provisional protection 
20.—Where a grant of protection for a plant variety has been made under section 21, the grantee shall 
have the right to take proceedings in respect of the protected variety under this Act as if the grant of 
protection had been made on the date the applica tion for that grant of protection was published under 
section 15.    
[HK Plant Ord. 1997, s. 17; ICPNVP 1991, Art. 13]   
 
  IP/N/1/SGP/P/4 
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  PART IV  
 
GRANT AND REVOCATION OF PROTECTION  
 
Making of grant of protection 
21.—(1) The Registrar shall —  
 
(a) except where an application has been wit hdrawn or has lapsed under section 19, make a 
grant of protection in respect of every application that is eligible for the making of a grant of 
protection; and  
 
(b) decline to make a grant of protection in respect  of every application that is not eligible for 
the making of a grant of protection.   
(2) An application shall be treated as being eligible  for the making of a grant of protection if, and only 
if —  
 
(a) the applicant has complied with section 13 and section 17 or 18, as the case may be; and  
 (b) the Registrar —   
(i) has approved, for the plant variety in respect of which the application was made, 
the denomination proposed by the applicant under section 36;   (ii) is satisfied that the applicant is the breeder of that plant variety; and   
(iii) is satisfied that that plant variety is new, distinct, stable and uniform within the 
meaning of section 22.   
[HK Plant Ord. 1997, s. 18; ICPNVP 1991, Arts. 6, 7, 8 and 9]   
 
Conditions for grant of protection 
22.—(1) For the purpose of sections 16 (2), 21 (2) ( b) (iii) and 25 (2) ( a) —  
 
(a) a plant variety is new if harvested or propaga ting material of the plant variety has not been 
sold or otherwise disposed of to another person,  by or with the consent of the breeder for the 
purposes of exploitation of  the plant variety —  
 
(i) earlier than 12 months before the date the application is made, where the sale or 
disposal and the exploitation of the plant variety is in Singapore; and   (ii) earlier than 6 years before that date in the case of trees or vines, or earlier than 4 years before that date in any other case, where the sale or disposal and the 
exploitation of the plant variety is outside Singapore;  
 
(b) a plant variety is distinct if it is clearly distinguishable from any other plant variety whose 
existence is a matter of common knowledge at th e time of the making of the application;  
 
(c) a plant variety is stable if its relevant characteristics remain unchanged after repeated 
propagation or, in the case of a particular cycle of  propagation, at the end of each cycle; and  
 IP/N/1/SGP/P/4 
Page 14  
 
  (d) a plant variety is uniform if, subject to the variation that may be expected from the 
particular features of its propagation, it is suffici ently uniform in its relevant characteristics.  
 
(2) For the purposes of subsection (1) ( a), where, in order to increase the stock of a plant variety or for 
any testing of a plant variety, the breeder of the plant variety makes any arrangement under which —  
 
(a) propagating material of that plant variety is to be sold to or used by some other person; 
and   (b) any unused portion of that propagating materi al, and all the material of any type produced 
from that propagating material, is —  
 
(i) to be sold to the breeder by that other person; or   (ii) otherwise to become the property of the breeder,  
 
no account shall be taken of any sale or  disposal under that arrangement.   
 
(3) For the purposes of subsection (1) ( a), a plant variety does not cease to be new by virtue only of 
the sale or disposal at any time of —   
(a) material that is not propagating material or harvested material; or  
 (b) propagating material if sold or disposed of as a by-product or a surplus product of the creation of that plant variety, provided that —   
(i) the material is sold or disposed of without variety identification for purposes of 
consumption; and   (ii) having been produced during the breeding,  increase of stock, test, or trial of that 
plant variety, the material is not or no longer required for any of those activities.   
(4) For the purpose of subsection (1) ( b), the making of an application in any country for —  
 
(a) a grant of protection in respect of a plant variety; or   (b) the entering of a plant variety in an official register of plant varieties,  
 
shall be deemed to render that plant variet y a matter of common knowledge from the date of 
application, provided that the application leads to a grant of protection in respect of that plant variety 
or to the entering of that plant variety in the offici al register of plant varieties, as the case may be.   
 
[HK Plant Ord. 1997, s. 18]   
 
Varieties bred or discovered and developed by 2 or more persons independently 
23.
—Where —  
 
(a) before a grant of protection has been made in respect of any plant variety, 2 or more 
applications in respect of that plant variety have been made;  
 
(b) the Registrar is satisfied that the applican ts concerned are persons who bred, or discovered 
and developed, that plant variety independent ly, or are successors of such persons; and   IP/N/1/SGP/P/4 
 Page 15 
 
 
   
(c) the Registrar is satisfied that, but for th is section, each of those applicants would be 
entitled to a grant of protection in respect of that plant variety,  
 the Registrar shall make a grant of protection to th e applicant whose application was made first.   
 
[HK Plant Ord. 1997, s. 19]   
 
Term of grant of protection 
24.—(1) The Registrar shall endorse on every grant of pr otection the date of the grant of protection.   
 
(2) Subject to sections 25 and 26, the term of a gr ant of protection shall be a period of 25 calendar 
years from the date of the grant of protection.    (3) The grantee shall during the term of the grant of protection pay an annual fee of a prescribed 
amount and furnish such information as the Registra r may require in the prescribed manner and within 
the prescribed period.    
[ICPNVP 1991, Art. 19]   
 
Grounds of invalidity of grant of protection 
25.—(1) An application for a declaration of invalidity of any grant of protection on any ground 
referred to in subsection (2) may be made by any person to the Court.    (2) A grant of protection shall be declared invalid if the Court is satisfied that —  
 
(a) the plant variety concerned is not new or distinct within the meaning of section 22;  
 (b) where the grant of protection was made on the basis of an examination report by a prescribed examination authority lodged under section 18, the plant variety was not, at the time the grant of protection was made, stable or uniform within the meaning of section 22 (1) (c) or ( d), respectively; or  
 
(c) the grant of protection has been made to a person who is not entitled to it, unless it has 
since been transferred to the person who is so entitled.   
(3) The Registrar shall remove from the register any grant of protection which has been declared 
invalid by the Court under this section.   
 
[ICPNVP 1991, Art. 21]   
 
Cancellation of grant of protection 
26.—(1) An application for cancellation of any gran t of protection may be made by any person —  
 
(a) to the Registrar, on any ground referred to in subsection (2); or   (b) to the Court, on the ground referred to in subsection (3).   
(2) A grant of protection shall be cancelled by the Registrar at any time during its term in the event 
that —   IP/N/1/SGP/P/4 
Page 16  
 
  (a) the grantee, after having been requested by  the Registrar to provide such information, 
documents or material as the Registrar thinks fit for verifying the maintenance of the plant 
variety, failed to do so within the period specified by the Registrar;  
 (b) in any particular year, the annual fee require d under section 24 (3) to be paid, has not been 
paid within the prescribed period; or  
 (c) the grantee, after having been requested by the Registrar to propose another suitable 
denomination under section 38, failed to do so within the prescribed period.  
 
(3) A grant of protection shall be cancelled by the Co urt at any time during its term in the event that it 
is established that the plant variety is no longer stab le or uniform within the meaning of section 22 (1) 
(c) or ( d), respectively.   
 (4) The Registrar shall remove from the register any grant of protection which has been cancelled 
under this section.   
 
[HK Plant Ord. 1997, s. 24; ICPNVP 1991, Art. 22]   
 
Renunciation of grantee’s right 
27.—(1) A grantee may, in writing to the Registrar, renounce his grant of protection.   
 
(2) The Registrar shall remove from the register any grant of protection which has been renounced 
under subsection (1).     
PART V  
 
SCOPE AND NATURE OF GRANT OF PROTECTION  
 
Scope and nature of grant of protection 
28.—(1) Subject to sections 31 and 32, a grantee in re spect of any protected variety shall be entitled to 
prevent a person from doing any of the following acts in respect of the propagating material of the 
protected variety without the authorisation, by wa y of a licence or otherwise, of the grantee:  
 
(a) production or reproduction;   
(b) conditioning for the purpose of propagation;  
 (c) offering for sale;   (d) selling or other forms of marketing;   
(e) export;  
 (f) import;   (g) stocking for any of the purposes specified in paragraphs ( a) to ( f).  
 
(2) The grantee may give his authorisati on subject to conditions and limitations.   
  IP/N/1/SGP/P/4 
 Page 17 
 
 
  (3) A grant of protection is pers onal property and may be assigned or transmitted in the same way as 
other personal property.    (4) An assignment of a grant of protection under s ubsection (3) is not effective unless it is in writing 
and signed by or on behalf of the assignor.   
 
(5) Subject to subsection (6), a licence granted by a grantee in respect of any protected variety is 
binding on every successor in title to the grantee’s interest —  
 
(a) except any person who, in good faith and with out any notice (actual or constructive) of the 
licence, has given valuable consideration for th e interest in the grant of protection; or  
 (b) unless the licence provides otherwise,   
and any reference in this Act to doing anything with , or without, the consent of the grantee shall be 
construed accordingly.   
 (6) Every person shall be deemed to have notice of a licence if the prescribed particulars of the grant 
of the licence are entered in the register under section 42.    (7) Subject to sections 31 and 32, the rights of a grantee under subsection (1) shall also apply to 
harvested material, including entire plants and parts of plants, obtained through the unauthorised use 
of propagating material of the protected variety unless the grantee has had a reasonable opportunity, 
before the harvested material was obtained, to exer cise his rights in relation to the unauthorised use of 
the propagating material.    [HK Plant Ord. 1997, s. 25; ICPNVP 1991 Art. 14 (1) and (2)]   
 
Essentially derived and certain other plant varieties 
29.—(1) Where a grant of protection is made under section 21, that grant of protection shall also 
extend to —   
(a) any plant variety which is essentially derive d from the plant variety in respect of which the 
grant of protection was made (referred to in this section as the original plant variety);  
 (b) any plant variety which is not dis tinct in accordance with section 22 (1) ( b) from the 
original plant variety; and  
 
(c) any plant variety the production of which requi res the repeated use of the original plant 
variety.   
(2) For the purposes of this section, a plant vari ety shall be treated as being essentially derived from 
the original plant variety if —  
 
(a) it is predominantly derived from the original plant variety or from a plant variety that is itself predominantly derived from the original plant variety;   (b) it retains the expression of the essential char acteristics that result from the genotype or a 
combination of genotypes of the original plant variety;  
 (c) it is clearly distinguishable from the original plant variety; and   IP/N/1/SGP/P/4 
Page 18  
 
  (d) except for the differences wh ich result from the act of derivation, it conforms to the 
original plant variety in the expression of the essential characteristics that result from the 
genotype or a combination of genotypes of the original plant variety.   
Infringement of grant of protection 
30.—(1) A grant of protection is infringed by any person who —  
 
(a) not being entitled by any licence or transfer or otherwise, does in Singapore, or authorises the doing in Singapore of, any act specified in section 28 (1) in respect of any propagating 
material or harvested material of a protected variety;  
 
(b) where propagating material of the protected  variety has been imported into Singapore, 
propagates, sells or uses that material as pr opagating material without the authority of the 
grantee concerned; or   
(c) imports into Singapore, without the consent of the grantee —  
 
(i) from a country that is not a UPOV member, any harvested material of the protected variety; or   (ii) from a UPOV member, any harvested materi al of the protected variety in respect 
of which it is not possible to make the equivalent of a grant of protection under the 
law of that member.   
(2) Subject to the provisions of this Act, the re lief that the Court may grant in an action for an 
infringement of a grant of protection includes an injunction (subject to such terms, if any, as the Court 
thinks fit) and either damages or an account of profits.   
 (3) Where, in an action under this section —   
(a) an infringement of a grant of protection is established; and   
(b) the Court is satisfied that it is proper to do so, having regard to —  
 
(i) the flagrancy of the infringement;   (ii) any benefit shown to ha ve accrued to the defendant by reason of the infringement; 
and  
 (iii) all other relevant matters,   
the Court may, in assessing damages for the infri ngement, award such additional damages as it 
considers appropriate in the circumstances.   
 
(4) Where, in any action under this section, it is  proved or admitted that an infringement was 
committed but proved by the defendant that, at the time of that infringement, the defendant was not aware and had no reasonable grounds for supposing that  it was an infringement, the plaintiff shall not 
be entitled under this section to any damages against the defendant in respect of that infringement, but 
shall be entitled instead to an account of pr ofits in respect of that infringement.   
 (5) Nothing in subsection (4) shall affect any entitleme nt of a grantee to any relief in respect of the 
infringement of that grantee's rights under this Act other than damages.     IP/N/1/SGP/P/4 
 Page 19 
 
 
  Exceptions to infringement of grant of protection 
31.—(1) It is not an infringement of a grant of protection in respect of a protected variety for any 
person to do —   
(a) any act privately and for a non-commercial purpose;  
 
(b) any act for any experimental or research purpose; or   (c) any act for the purposes of breeding any other plant variety and, except in the case of an 
essentially derived or other plant variety to which the grant of protection is extended by virtue 
of section 29 (1), any act that requires the aut horisation of the grantee under section 28 (1) in 
respect of such other variety.   
(2) It is not an infringement of a grant of protection for any person engaging in farming activities to use, for propagating purposes and for the purpose of  safeguarding agricultural or horticultural 
production, on his own holdings, harvested mate rial from the protected variety where —  
 
(a) the genera or species within which the prot ected variety is classified has been prescribed 
for the purposes of this section as exempt from the rights of a grantee; and   (b) the harvested material —  
 
(i) has been obtained by purchase or otherw ise with the authority of the grantee 
concerned; or   (ii) having been obtained in accordance with sub-paragraph (i), has subsequently been 
propagated or grown on those holdings.  
 
[HK Plant Ord. 1997, s. 26; ICPNVP 1991, Art. 15]   
 
Exhaustion of grant of protection 
32.—(1) An act concerning —  
 
(a) any material of a protected variety which has been sold or otherwise marketed in Singapore by or with the consent of the grantee; or   (b) any material that is derived from such material,  
 
does not infringe a grant of protection, unless such act involves —    
(i) further propagation of the protected variety; or   (ii) the export of any material of that protected variety which enables the propagation of the 
protected variety to a country which does not prot ect varieties of the plant genus or species to 
which the protected variety belongs, except where the exported material is for final 
consumption purposes.   
(2) In this section, “material” means —  
 
(a) propagating material of any kind; and   (b) harvested material, including entire plants and parts of plants.   IP/N/1/SGP/P/4 
Page 20  
 
  PART VI  
 
AUTHORISATION AND COMPULSORY LICENCES  
 
Rights under authorisation 
33.—Where a person has been authorised to do any act  referred to in section 28 (1) by licence by a 
grantee, that person shall have the same rights as th e grantee to take proceedings in respect of any 
infringement of the rights of that grantee in respect  of the protected variety which affects any right 
given under that licence and committed after the authorisation was granted.    
[HK Plant Ord. 1997, s. 27]   
 
Compulsory licences 
34.—(1) Any person may apply to the Court for the grant of a compulsory licence to exploit a 
protected variety in Singapore.    
(2) The Court may make an order for the grant of a compulsory licence, subject to such terms as it 
thinks fit, in accordance with an application under subsection (1) if, and only if, the Court is satisfied 
that the grant of a compulsory licen ce is in the public interest.   
 (3) Without prejudice to the generality of subsection (2), the Court may set out in its order —   
(a) the extent to which the protected variety may be exploited; and  
 (b) the right of the licensee to obtain propaga ting material from the grantee to the extent 
reasonable.   
(4) The Court shall set out in its order the equita ble remuneration which the licensee shall pay to the 
grantee.    (5) A licence shall not be granted under this section to  any person who is unable to demonstrate to the 
Court that he will be able to exploit the protected  variety in a manner acceptable to the Court.   
 
(6) No licence shall be granted under this section unless the person applying for the licence has first 
taken all reasonable steps to obtain authorisati on from the grantee on reasonable commercial terms 
and conditions and has failed to obtain such author isation within a reasonable period of time.   
 (7) A licence granted under this section shall not  prevent the grantee from exploiting the protected 
variety himself or from granting a licence in this respect.   
 (8) A licence in respect of a protected variety gran ted under this section may be transferred to another 
person, but only together with the business activity in connection with which the protected variety is 
exploited or is intended to be exploited.   
 
(9) Any licence granted under this section may, upon the application of any interested party, be terminated by the Court where the Court is sa tisfied that the ground upon which the licence was 
granted has ceased to exist.     IP/N/1/SGP/P/4 
 Page 21 
 
 
  PART VII  
 
NOTICE OF PROTECTION  
 
Notice of protection 
35.—(1) Where an applicant sells any propagating materi al of the plant variety in respect of which his 
application relates, he shall take all reasonabl e steps, by means of suitable labeling or other 
identification of that material to inform the purch aser of the existence of his application, unless and 
until his application is withdrawn or lapses or the Regi strar declines to make a grant in respect of that 
application.    (2) Any person who —   
(a) has acquired any rights in respect of any plant variety under section 21, or who is a 
licensee of such rights; and   (b) sells any propagating material of that plant variety,   
shall take all reasonable steps, by means of suitable labeling or other identification of that material, to 
inform the purchaser of those rights.    (3) In determining, for the purposes of section 30 (4), whether or not any person had reasonable 
grounds for supposing that any action was an infringe ment of a grant of protection, the Court may 
take into account the extent, if any, to which a pe rson referred to in subsectio n (1) or (2), as the case 
may be, has complied with that subsection in respect  of any propagating material in relation to which 
that infringement occurred.    
[HK Plant Ord. 1997, s. 28]   
 
 
PART VIII 
 
DENOMINATION  
 
Approval and registration of denomination 36.—(1) A plant variety in respect of which an appli cation for a grant of protection is made shall have 
a denomination and, subject to subsections (2) and (3), the denomination shall be approved by the 
Registrar and registered at the time the grant of protection is made.    (2) The Registrar shall approve and register a pr oposed denomination for a plant variety if, and only 
if, in the opinion of the Registrar, it co mplies with the prescribed requirements.   
 (3) The Registrar shall not approve or register  a denomination for the plant variety which —  
 
(a) consists solely of figures, except where th is is an established practice for designating plant 
varieties;  
 (b) is likely to mislead or cause confusion concer ning the characteristics, value or identity of 
the plant variety, or the identity of the breeder;   (c) is contrary to any written la w or public order, or is likely to be offensive to the public;  IP/N/1/SGP/P/4 
Page 22  
 
   
(d) is likely to cause confusion with a trade mark, a name, a business or any other rights for 
which any person other than the applican t enjoys protection under any law; or  
 (e) is likely to cause confusion with a trade mark  for any material of another plant variety or 
for goods similar to any material of the first- mentioned plant variety for which the applicant 
enjoys protection under any law.   
(4) Where a denomination for a plant variety has previously been submitted in any UPOV member 
other than Singapore for the purpose of registration in that UPOV member, the denomination 
submitted for the purpose of an application in Singapore in respect of that plant variety must be the 
same as the denomination submitted in the UPOV member.    (5) The Registrar shall approve the denominati on submitted under subsection (4) upon the grant of 
protection, unless the Registrar considers the denominati on to be unsuitable for use within Singapore.   
 
(6) Where the Registrar refuses to approve a deno mination under subsection (2), (3) or (5), the 
Registrar shall require, and the applicant shall pr opose, another denomination within the prescribed 
period.    
Use of denomination 
37.—(1) Any person who offers for sale or disposes of propagating material of a protected variety 
shall use the registered denomination for that protected  variety, whether or not the term of the grant of 
protection has expired.    (2) A person shall not offer for sale or dispose of, under the registered denomination of a protected 
variety, propagating material of some other plant variety, whether or not the term of grant of 
protection has expired.    (3) A registered denomination for a protected variet y or a denomination which is confusingly similar 
to the registered denomination shall not be used fo r any plant variety of the same plant species as the 
protected variety or for a plant specie which is clos ely related thereto or for any material of such a 
plant variety, so long as —  
 
(a) the registration of the registered denomination of the protected variety is in force; or   (b) the registered denomination of the protected  variety is still in use in respect of the 
commercial exploitation of the protected variety, even if the term of the grant of 
protection has expired.   
(4) A person who sells or markets the propagating ma terial or harvested material of a protected 
variety may, for that purpose, associate a trade mark, trade name or other similar indication which he owns with the registered denomination of that protected variety.   
 
(5) Where a person associates a trade mark, trade name or other similar indication with the registered 
denomination under subsection (4), the denominati on must nevertheless be easily recognisable and 
distinct from the trade mark, trade name or other similar indication.    [ICPNVP 1991, Art. 20; Sweden Plant Act 1997, Art. 1]   
 
Invalidation of registration of denomination 
38.—(1) An application for a declaration of invalidit y of a registered denomination may be made to 
the Court on the ground that it is registered in breach of section 36 (3).    IP/N/1/SGP/P/4 
 Page 23 
 
 
  (2) Where —  
 
(a) the registration of a denomination has been declared invalid by the Court under subsection (1); or   
(b) the use of the registered denomination by th e grantee has been prohibited or restricted by 
an order of Court pursuant to any proceedings taken under any law,  
 
the Registrar shall require the grantee to subm it another suitable denomination for registration 
within the prescribed period.   
 
 
PART IX 
 
REGISTER OF PLANT VARIETIES 
 Register to be maintained 
39.—(1) The Registrar shall maintain a register of plant varieties.   
 (2) There shall be entered in the register —   
(a) grants of protection made;  
 (b) every decision of the Registrar making or declining the making of a grant;   (c) the approved denomination for a plant variety;  
 
(d) such particulars of the grantee as the Registrar may determine; and   (e) any other matters and information relating to  a protected variety or grant of protection 
whose entry in the register appears to the Registrar to be useful.  
 
(3) The register may be kept in whole or in part using a computer.   
 (4) Any record of a particular or other matter ma de by using a computer used for the purpose of 
keeping the register, or any part of the register , is taken to be an entry in the register.   
 [HK Plant Ord. 1997, s. 8]   
 
Inspection of and extract from register 
40.—(1) The register shall be available at the Registry for inspection by any person during the hours 
when the Registry is open for business.    
(2) If the register, or any part of the register, is ke pt by using a computer, subsection (1) is satisfied if 
a person who wants to inspect the register or that part of the register is given access to a computer terminal from which he can read on a screen, or obt ain a printed copy of, the particulars or other 
matters recorded in the register or that part of the register.    
(3) Any person who applies for a certified copy of an  entry in the register or a certified extract from 
the register shall be entitled to obtain such a copy  or extract on payment of the prescribed fee.   
 IP/N/1/SGP/P/4 
Page 24  
 
  (4) Any person who applies for an uncertified copy or  extract shall be entitled to such a copy or 
extract on payment of the prescribed fee.    (5) In relation to any portion of the register kept otherwise than in documentary form, the right to a 
copy or extract conferred by subsection (3) or (4) is a right to a copy or extract in a form in which it 
can be taken away.   
 (6) In this section, “certified copy” and “certified extract” mean a copy and extract certified by the 
Registrar and sealed with the seal of the Registrar.    [Trade Marks 1999 Ed., s. 68]   
 
Rectification of register 
41.—(1) Any person having a sufficient interest may a pply to the Registrar for the rectification of an 
error or omission in the register.   
 
(2) Except where the Registrar directs otherwise, the eff ect of a rectification of the register is that the 
error or omission in question is deem ed never to have been made.   
 (3) Subject to subsection (4), an application for r ectification may not be made in respect of a matter 
affecting the validity of a grant of protection.   
 
(4) The Registrar may make any correction in the register pursuant to any Court order affecting a 
grant of protection.    (5) The Registrar may remove from the register a ny matter which appears to him to have ceased to 
have effect.   
 
[HK Plant Ord. 1997, s. 9]   
 
Changes reflected in register 
42.—(1) The Registrar may enter the following in the register:  
 
(a) any change in the name or address of the grantee;   (b) any change in ownership of the rights in relation to a grant of protection;   
(c) a note of any licence granted by a grantee,  
 
upon receiving such information under section 24 (3) or on request made in the prescribed manner by 
the grantee of a registered grant of protection.    (2) Where a grant of protection has been transfe rred to another person, or a licence (including a 
licence granted under section 34) has been granted or tr ansferred, an entry of this fact shall, upon 
request and the payment of the prescribed fee, be made in the register.    
Registration to be prima facie evidence of validity 
43.
—In any proceedings before the Court relating to a grant of protection —  
 
(a) the entry in the register of a person as a grantee shall be prima facie evidence of the 
validity of the grant of protection; and    IP/N/1/SGP/P/4 
 Page 25 
 
 
  (b) the entry in the register of any change in ownership of the rights in relation to the grant of 
protection shall be prima facie evidence  of such change in ownership.  
 
[HK Plant Ord. 1997, s. 10]   
  
PART X  
 
OFFENCES  
 
Falsification of register 
44.—Any person who —  
 
(a) makes, or causes to be made, a false entry in the register;   (b) makes, or causes to be made, any thing fal se purporting to be a copy of an entry in the 
register; or  
 (c) produces or tenders, or causes to be produced or tendered in evidence any thing referred to 
in paragraph ( b),  
 
knowing or having reason to believe that the entry or thing, as the case may be, is false shall be guilty 
of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for 
a term not exceeding 5 years or to both.    
[Trade Marks 1999 Ed., s. 50]   
 
Falsely representing plant variety as protected variety 
45.
—Any person who —  
 
(a) falsely represents that a plant variety is a protected variety; or   (b) makes a false representation as to the propagating material of a protected variety,  
 
knowing or having reason to believe that the representa tion is false shall be guilty of an offence and 
shall be liable on conviction to a fine not exceeding $10,000.   
 
[Trade Marks 1999 Ed., s. 51]   
 
Misuse of denomination 
46.
—Any person who wilfully or negligently acts in c ontravention of section 37 (1), (2) or (3) shall 
be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.   
 
[HK Plant Ord. 1997, s. 40]   
  IP/N/1/SGP/P/4 
Page 26  
 
  PART XI  
 
MISCELLANEOUS  
 
Registrar not liable in respect of official acts 
47.—(1) The Registrar and any officer of the Registry  shall not be taken to warrant the correctness or 
validity of a grant of protection or the registra tion of a denomination under this Act or under any 
international agreement or convention to which Singapore is a party.   
 (2) The Registrar, any officer of the Registry and any officer of a local  prescribed examination 
authority referred to in section 17 (1), shall not in cur any liability by reason only of, or in connection 
with, any examination required or authorised by th is Act, or any such in ternational agreement or 
convention, or any report or other proceedi ngs consequent on such examination.   
 
Right of appeal 
48.—(1) Except as provided in subsection (2) or by rules made under this Act, there shall be no 
appeal to the Court from a decision of the Registrar for any matter under this Act.    (2) The following shall be subject  to appeal to the Court:  
 
(a) a decision of the Registrar to decline to make a grant of protection;  
 
(b) a decision of the Registrar to make a grant of protection;   (c) a decision of the Registrar approving or disapproving a proposed denomination.   
[HK Plant Ord. 1997, s. 6]   
 
Forms and directions of Registrar 
49.
—The Minister may make rules for the publication by the Registrar of —  
 
(a) the forms to be used for any purpose relating to a grant of protection or any other proceedings before the Registrar under this Act; and  
 
(b) the practice directions issued by the Registrar.   
Fees 
50.—(1) There shall be paid in respect of applica tions and other matters be fore the Registrar under 
this Act such fees as may be prescribed.   
 (2) The Minister may make rules as to the remi ssion of fees under prescribed circumstances.   
 (3) All fees collected shall be paid into the funds of the Registry.   
 
[Trade Marks 1999 Ed., s. 77]   
  IP/N/1/SGP/P/4 
 Page 27 
 
 
  Hours of business and excluded days 
51.—(1) The Registrar may issue practice directions to specify —  
 
(a) the hours of business of the Registry; and   
(b) the days which are to be treated as excluded days.  
 
(2) The Minister may prescribe the effect of doing any business under this Act —   
(a) on any day after the hours of business of the Registry; or  
 
(b) on any day which is an excluded day.   
(3) For the purposes of subsections (1) and (2) —   
(a) different hours of business may be speci fied for different classes of business;  
 (b) different excluded days may be specified for different classes of business; and   (c) different effects of doing business —   
(i) outside the hours of business of the Registry; or  
 (ii) on an excluded day,   
may be prescribed for different classes of business.  
 
[Trade Marks 1999 Ed., s. 78]   
 
Composition of offences 
52.—(1) The Registrar or any person authorised by him in writing may, in his discretion, compound 
any offence under this Act which is prescribed as a compoundable offence by collecting from a 
person reasonably suspected of having committed the offence a sum not exceeding $2,000.   
 (2) The Office may, with the approval of the Mini ster, make regulations to prescribe the offences 
which may be compounded.    
(2A)   On payment of such sum of money, no furt her proceedings shall be taken against such person 
in respect of the offence.    (3) All sums collected under this section shall be paid into the funds of the Office.   
 
[HK Plant Ord. 1997, s. 42]   
 
Jurisdiction of court 
53.
—Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a 
District Court shall have jurisdiction to try any o ffence under this Act and sh all have power to impose 
the full penalty or punishment in respect of the offence.   IP/N/1/SGP/P/4 
Page 28  
 
  Rules  
54.—(1) The Minister may make rules —  
 
(a)  for prescribing anything authorised or required by this Act to be prescribed; and  
 
(b)  generally for regulating practi ce and procedure under this Act.  
 
(2) Without affecting the generality of subsecti on (1), rules made under this section may make 
provision —   
(a) as to the manner of making applications a nd filing other documents and in respect of 
anything that is to accompany or to be fu rnished together with any application;  
 (b) as to the procedure to be followed in conn ection with any application or request to the 
Registrar or in connection with any proceedings or other matter before the Registrar, and the 
rectification of irregularities of procedure;  
 (c) providing for the testing and treatment of pl ant varieties to which applications relate;  
 (d) requiring and regulating the translation of documents and the filing and authentication of 
any translation;  
 
(e) as to the service of documents;   (f) prescribing time limits for anything re quired to be done under this Act;  
 
(g) providing for the extension of any time limit prescribed or specified by the Registrar, 
whether or not it has already expired;   (h) providing for the forfeiture of any priority given in respect of an application;   (i) authorising the preparation, publication, sale and exchange of copies of diagrams, 
photographs and documents filed with the Regist ry, and indexes and abridgments to them;  
 (j) prescribing the mode of publishing any matters  required by this Act to be published;  
 (k) prescribing the requirements to be met in selecting the denomination of plant varieties, 
and providing for the approval or rejection by  the Registrar of any denomination or the 
amendment to any denomination; and   (l) prescribing fees and charges for the purposes of this Act.    IP/N/1/SGP/P/4 
 Page 29 
 
 
  THE SCHEDULE  
Section 4 
 
PLANT GENERA AN D SPECIES TO WHICH ACT APPLIES  
 
      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 
LEGISLATION HISTORY 
 
Act 22 of 2004 — Plant Varieties Protection Act 2004 
 
Date of First Reading : 19 May 2004 
(Bill No. 21/2004 published on 20 May 2004)
Date of Second and Third Readings : 15 June 2004 
Date of commencement : 1 July 2004       
   [ Jump to: Front Page  / Arrangement of Provisions / Actual 
Provisions  ]
  
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