Intellectual
Property (Plant Varieties) (Jersey) Law 2016
A LAW to enable the registration, in
Jersey, of new varieties of plants; to provide for creation of the office of
Registrar and the creation and maintenance of a register of plant varieties,
and for the manner and effect of registration; to confer powers on the
Registrar and on the court to revoke or cancel registration and otherwise to
correct the register; to make provision in relation to the nature, duration and
enjoyment of the proprietor’s rights arising from registration, and to
create remedies for infringement of those rights; to create offences of failure
to use registered denominations of plant varieties, and of giving false
information in respect of applications for registration, and to provide for the
penalties for those offences; and for connected purposes.
Commencement [see endnotes]
1 Interpretation
(1) In
this Law –
“common knowledge”
is to be construed in accordance with Article 18(6);
“court” means
the Royal Court;
“Minister”
means the Minister for the Environment;
“original grant of
rights” has the meaning given by Article 5(3);
“prescribed”
means prescribed by Order of the Minister;
“protected variety”
means a variety registered in Jersey in which the rights conferred by this Law subsist;
“qualifying variety”
means a variety which meets the criteria set out in Article 13;
“recognized entity”
has the meaning given by Article 5(7);
“register”
means the register of plant varieties to be kept by the Registrar in accordance
with Article 4;
“registered
proprietor” means the person registered as the proprietor of rights under
this Law under Article 4(2)(b), and reference to the rights of a
registered proprietor is to the rights conferred by Articles 17 or, as the
case may be, 18;
“Registrar”
means the person holding that office under Article 3(1);
“UPOV Convention”
means the Acts of the International Union for the Protection of New Varieties
of Plants, as revised up to and including 19 March 1991;
“UPOV country”
means a country, territory or intergovernmental organization which has acceded
to, or is otherwise bound by, the UPOV Convention;
“variety”
means a plant grouping within a single botanical taxon of the lowest known
rank, which grouping can be –
(a) defined
by the expression of the characteristics resulting from a given genotype or
combination of genotypes;
(b) distinguished
from any other plant grouping by the expression of at least one of those
characteristics; and
(c) considered
as a unit with regard to its suitability for being propagated unchanged.
(2) A
reference in this Law to provisions of an instrument of the European Union, the
European Community or the European Economic Community shall be to those
provisions, or to provisions of any European Union instrument implementing or replacing
them, as amended from time to time.
2 Rights
conferred by registration
(1) Plant
varieties may be registered in Jersey in accordance with this Law.
(2) Such
registration shall be effective to confer rights in Jersey, in accordance with Articles 17
and 18, upon the registered proprietor.
(3) Such
rights may subsist –
(a) in
varieties of all plant genera and species; but
(b) only
in such varieties as are qualifying varieties.
3 Office
and functions of Registrar
(1) The
Chief Executive Officer of the Department of the Environment, or such other
person as the Minister may designate by Order, shall be the Registrar of Plant
Varieties in Jersey.
(2) The
Registrar shall exercise the functions conferred by this Law or any other
enactment and shall in particular keep a register in accordance with Article 4.
(3) The
Registrar shall have power to do anything that appears to the Registrar to be
necessary or expedient for the purpose of exercising the Registrar’s
functions, including (in particular and without derogation from this general
power or from any other power conferred by this Law) the power –
(a) to
request any person, in writing, to produce such documents and information
(including test, examination or trial results) within such periods and at such
times and intervals as the Registrar thinks fit;
(b) to
grow, or cause to be grown, any plant variety and to carry out, or cause to be
carried out, any tests, examinations or trials of or relating to a plant
variety;
(c) to
specify the form of any application to be made to the Registrar under this Law;
(d) subject
to any provision to the contrary in this Law or any other enactment, to publish
documents and information in such manner as the Registrar thinks fit; and
(e) where
the Registrar is of the opinion that to do so would assist in the proper
exercise of the Registrar’s functions, to apply to the court for
directions or for a determination of any question of fact, law or procedure.
(4) The
Minister may direct a seal to be prepared and to be used by the Registrar for
the authentication of documents in connection with the registration of plant
varieties.
(5) Any
functions of the Registrar under this Law may be exercised, to the extent
authorized by the Registrar, by any other officer on the Registrar’s
behalf.
(6) Without
derogation from paragraph (5), the Registrar may use the services of
persons who are not officers –
(a) in
carrying out any tests or trials which the Registrar considers expedient or
necessary for the purposes of this Law; and
(b) in
assessing the results of any such tests or trials (whether carried out by the
Registrar or not).
(7) In
paragraphs (5) and (6), “officer” means a States’
employee within the meaning of Article 2 of the Employment of States of
Jersey Employees (Jersey) Law 2005.
4 Register
of plant varieties
(1) A
register of plant varieties shall be kept at the Department of the Environment,
and need not be kept in documentary form.
(2) The
register shall comprise –
(a) a
record of plant varieties in respect of which applications for registration in
Jersey have been made;
(b) a
record of plant varieties in respect of which applications have been granted,
and of the persons registered as proprietors of rights in those varieties;
(c) a
record of assignment or transmission of rights by any person registered as
proprietor under sub-paragraph (b), and of the person to whom the rights
are so assigned or transmitted;
(d) a
record of minor interests registered under Article 14, and of the persons
entitled to such interests; and
(e) a
record of compulsory licences under Article 34, and of the persons to whom
such licences are granted.
(3) For
the purpose of the record mentioned in paragraph (2)(a), the register
shall contain –
(a) the
date on which an application is received;
(b) the
applicant’s name and address (including in particular any address
notified under Article 15);
(c) the
description provided by the applicant of the characteristics of the plant
variety to which the application relates;
(d) the
date on which details of the application are published;
(e) the
denomination used in such publication to refer to the plant variety;
(f) the
reference number allocated by the Registrar to the application;
(g) the
name of the recognized entity making any original grant of rights upon which
the application is founded;
(h) the
dates of the application to, and of the original grant of rights by, that
entity;
(i) the
denomination and any other relevant characteristics of the variety as
registered by that entity;
(j) details
of any limitations subject to which the original grant of rights was made by
that entity.
(4) For
the purpose of the record mentioned in paragraph (2)(b), the register
shall contain –
(a) the
name and address (including in particular any address notified under Article 15)
of the registered proprietor;
(b) the
denomination and any other relevant characteristics of the plant variety;
(c) the
date on which the application is granted;
(d) the
reference number allocated by the Registrar to the registration;
(e) details
of any limitations to which the rights in the registered plant variety are
subject.
(5) For
the purpose of the record mentioned in paragraph (2)(c), the register
shall contain, in addition to the details required under paragraph (4) –
(a) the
name and address (including in particular any address notified under Article 15)
of each person to whom rights are assigned or otherwise transmitted; and
(b) the
date on which the application is granted.
(6) There
may also be entered in the register such other matters as the Registrar may
think fit or as may be prescribed.
(7) The
register shall be open to inspection by the public at such reasonable times and
places as the Registrar may specify.
(8) The
register shall be prima facie evidence of any matters entered in it as
authorized or required by this Law, and a certified copy of an entry in the
register –
(a) shall
be provided to any person upon request and upon payment of such fee (if any) as
the Minister may specify; and
(b) is
admissible in evidence without further proof and without any requirement for
production of the original entry.
(9) Notwithstanding
paragraph (2)(c), no notice of any trust, whether express, implied or
constructive, shall be entered in the register nor shall the Registrar be
affected by any such notice.
5 Persons
who may apply for registration
(1) Subject
to Articles 6 and 7, a person may apply for initial registration in Jersey –
(a) of a
plant variety; and
(b) to be
registered as the proprietor of rights in that variety,
if the person fulfils the
requirements of paragraph (2).
(2) A
person fulfils the requirements of this paragraph if, at the time the
application mentioned in paragraph (1) is made, the person is registered –
(a) as
the proprietor of rights in the plant variety;
(b) in
the country which made an original grant of rights in the variety.
(3) An
original grant of rights is a grant –
(a) which
was made elsewhere than in Jersey prior to any application for registration
under this Law;
(b) which
was made by a recognized entity –
(i) in accordance
with the laws of, or applicable to, that entity relating to the grant of rights
in plant varieties (the “relevant laws”),
(ii) where
the relevant laws require an examination to be conducted to confirm that the
plant variety is a qualifying variety; and
(c) where
rights in respect of the same variety have been granted by more than one
recognized entity, which was –
(i) the first such
grant to be made by a recognized entity, or
(ii) the
grant made pursuant to the first application received by a recognized entity in
respect of that variety.
(4) Notwithstanding
paragraph (3)(c), the Registrar may accept an application which does not fulfil
the requirements of either clause (i) or (ii) of that provision,
where the person seeking to make the application can show reasonable cause and
the Registrar considers that it is in the public interest to do so.
(5) A
person who is a successor (by assignment, transmission or other operation of
law) to a person who is registered in Jersey pursuant to an application made
under paragraph (1) may apply to be registered in Jersey as the proprietor
of rights in the plant variety protected by the initial registration.
(6) Where –
(a) a
person seeking to make an application is aggrieved by a decision of the
Registrar not to accept the application; or
(b) the
Registrar entertains any doubt as to whether or not to accept an application,
the question of whether
acceptance of the application would be in the public interest may be referred
to the court for its determination.
(7) In
paragraph (3), “recognized entity” means –
(a) subject
to paragraph (8), a UPOV country;
(b) a
country, territory, organization or other body, designated by the Minister by
Order as recognized for the purposes of this Article (whether or not, at the
date of such designation, the country, territory, organization or body has
acceded to the UPOV Convention).
(8) If
the Minister considers that a particular UPOV country does not have in place,
or has ceased to have, adequate procedures for ensuring that grants are made
only in respect of qualifying varieties, the Minister may by Order provide that
the UPOV country in question shall not be a recognized entity for the purposes
of this Article.
6 Priority
between applicants for registration
(1) This
Article applies where –
(a) a
plant variety is bred, discovered and developed by more than one person
independently; and
(b) an
application for registration of the variety is made under Article 5(1) by
more than one person.
(2) Where
this Article applies, the person who is entitled to be registered as proprietor
in Jersey of rights in the plant variety is the person who is the first in time
to make an application for registration in relation to that variety.
(3) In
paragraph (1)(a), “discovered” refers to discovery of a plant
variety whether growing in the wild or occurring (whether artificially induced
to do so or not) as a genetic variant (whether artificially induced or not).
7 Time
limits on applications
(1) Subject
to paragraph (2), an application for registration under Article 5(1)
shall be made within the period of one year beginning with the date of the
original grant of rights.
(2) An
application may be made later than the time limit expressed in paragraph (1),
in a case where the person making the late application can show reasonable
cause for failing to comply with that time limit; but the Registrar shall not
accept such an application unless the Registrar considers that it is in the
public interest to do so.
(3) Where –
(a) a
person seeking to make an application is aggrieved by a decision of the
Registrar under paragraph (2) not to accept the application; or
(b) the
Registrar entertains any doubt as to whether or not to accept an application
under that paragraph,
the question of whether
acceptance of the application would be in the public interest may be referred
to the court for its determination.
8 Procedure
on application for registration
(1) If
the Registrar specifies a form of application for registration under Article 5,
such an application shall be made in that form or in writing to the same
effect, but in any event the application shall be accompanied –
(a) in
the case of an application under Article 5(1), by –
(i) a copy, certified
as true by the recognized entity or by such other person as the Minister may
specify, of the registration of the original grant of rights by virtue of which
the person seeking to make the application (the “applicant”) claims
to be entitled to do so, and
(ii) all
such other certificates or documents as are necessary to supply or to evidence
the matters mentioned in Article 4(3)(b), (c), and (g) to (j);
(b) in
the case of an application under Article 5(5), by all such certificates or
documents as are necessary to evidence the transfer of the rights in a
registered variety to the applicant; and
(c) if a
fee is specified by the Minister, by the fee.
(2) Upon
receipt of an application –
(a) under
paragraph 5(1); and
(b) accompanied
by the matters specified in paragraph (1)(a) and (c),
the Registrar shall enter
on the Register the matters mentioned in Article 4(3)(a) to (c),
and (f) to (j), and shall notify the applicant in writing that this
has been done.
(3) Within
8 days of receiving notification under paragraph (2), the applicant
shall publish by means of advertisement in the Jersey Gazette and by any other
means as the Registrar may specify –
(a) the
fact that an application has been made under this Law for registration of a
plant variety;
(b) a
description of the variety which it is proposed should be registered, including
the denomination; and
(c) a
statement that the details of the application, including any documents
accompanying the application under paragraph (1)(a), are available for
inspection upon a request made to the Registrar for that purpose.
(4) Within
8 days of the date of publication of the advertisement under paragraph (3),
the applicant shall notify the Registrar in writing of that date and of the
denomination used in that publication to refer to the plant variety.
(5) Upon
receipt of notification under paragraph (4), the Registrar shall enter on
the register the matters so notified and mentioned in Article 4(3)(d)
and (e).
(6) An
application under Article 5(1) or (5) may be withdrawn by notice in
writing to the Registrar at any time before it is determined, but any fee paid
by the applicant shall not be repayable upon such withdrawal.
9 Opposition
to an application for initial registration
(1) A
notice of opposition to an application under Article 5(1) may be given to
the Registrar in writing within 2 months of the date of the advertisement
under Article 8(3), by a person mentioned in paragraph (2).
(2) The
Attorney General or any person interested may oppose the registration on any
one or more of the following grounds, namely that –
(a) the
applicant is not entitled under this Law to make an application;
(b) the
variety to which the application relates is not a qualifying variety;
(c) the
proposed denomination is not suitable to be registered;
(d) since
the plant variety in question was first exploited, with the consent of the
applicant, anywhere in the world –
(i) more than
4 years (or, in the case of a variety which is a tree or vine, more than
6 years) have elapsed, and
(ii) the
variety has been exploited in Jersey on a commercial scale.
10 Grant
or refusal of application for registration
(1) Subject
to paragraphs (3), (4) and (6), the Registrar shall grant an application
duly made in accordance with Article 8, and shall record the grant in the
Register.
(2) No
grant of an application or record of a grant shall be made until after the
expiration of the time period for opposition to a proposed registration
mentioned in Article 9(1).
(3) If
the Registrar considers that an application does not comply with the
requirements of Article 8, the Registrar shall not grant the application,
but shall give the applicant a statement in writing of the reasons why the
application has not been granted.
(4) If,
in a case where no notice of opposition has been received, it nevertheless
appears doubtful to the Registrar that the application should be granted, the
Registrar may –
(a) grow,
or cause to be grown, the plant variety in question;
(b) carry
out, or cause to be carried out, any further or additional tests or
investigations; and
(c) require
the applicant to provide any further or additional information, documents,
plant or other material, or test or trial results as the Registrar may
reasonably require.
(5) If,
as a result of any action taken under paragraph (4), the Registrar is no
longer doubtful that the application should be granted, the Registrar shall
grant the application and shall record the grant in the Register.
(6) If –
(a) a
notice of opposition is received; or
(b) in a
case where no notice of opposition has been received and (regardless of any
action which may have been taken under paragraph (4)) –
(i) it appears
doubtful to the Registrar that the application should be granted, or
(ii) any
question arises in relation to the application,
the Registrar shall refer
the matter in question to the court for its determination.
(7) Subject
to Rules of Court, in relation to any matter referred under paragraph (6),
the court –
(a) may
order such persons to be convened, such evidence to be taken and such enquiries
to be made as it considers necessary; and
(b) shall
determine whether or not any application referred to it under paragraph (6)
should be granted.
(8) If
the court determines that the application should be granted, the court shall
order the Registrar to record the grant in the register.
(9) If
the court determines that the application should not be granted, it shall
inform the applicant of the reasons for that decision.
11 Certificate
and date of registration
(1) In
any case where the Registrar records a grant under Article 10, the
Registrar shall issue to the applicant a certificate of registration.
(2) If
the Minister specifies a form for the purpose of paragraph (1), the
Registrar shall issue the certificate in that form.
(3) Registration
(whether of a plant variety or of a person as proprietor) has effect on and
from the date recorded in the register as required by Article 4(4) or (5).
12 Reference
collections of plant material
(1) The
Registrar may maintain, whether separately from or together with the register
or in any other manner, reference collections of plant material.
(2) The
Registrar may defray or contribute to the expenses of any other person in
maintaining a reference collection of plant material, by means of grants of
such amounts as the Registrar may determine.
13 Qualifying
varieties
(1) This
Article applies in any case under this Law in which the question arises as to
whether or not a particular variety is a qualifying variety.
(2) A
qualifying variety is one which is –
(a) distinct;
(b) uniform;
(c) stable;
and
(d) new.
(3) A
variety is “distinct” if it is clearly distinguishable, by one or
more characteristics which are capable of precise description, from any other
variety whose existence is a matter of common knowledge at the date of filing
the application which resulted in the original grant of rights.
(4) A
variety is “uniform” if, subject to such variation as may be
expected from the particular features of its propagation, it is sufficiently
uniform in those of its characteristics which are included in the examination
for distinctness.
(5) A
variety is “stable” if those characteristics which are included in
the examination for distinctness, as well as any others used in the variety
description, remain unchanged after repeated propagation or, in the case of a
particular cycle of propagation, at the end of each such cycle.
(6) A
variety is “new” if, at the date of filing the application for the
original grant of rights, no sale or other disposal of propagating or harvested
material of the variety in question has taken place, with the consent of the
applicant, for the purposes of exploitation of the variety –
(a) in
the territory in relation to which the original grant was made, earlier than
one year before that date; and
(b) in
any other place, earlier than 4 years (or, in the case of a variety which
is a tree or vine, earlier than 6 years) before that date.
(7) In
applying paragraph (6),a sale or other disposal of propagating or
harvested material of a variety for the purposes of exploiting the variety
shall, if the variety is related to another variety, be treated as being also a
sale or other disposal of propagating or harvested material of the other
variety for the purposes of exploiting that variety.
(8) In
paragraph (7), a variety shall be taken to be related to another variety
if the nature of the first variety is such that repeated production of the
first variety is not possible without repeated use of the other variety.
14 Registration
of minor interests of licensees, etc.
(1) Where
a person becomes entitled to any interest in plant variety rights other than a
proprietary interest, as mortgagee, licensee (other than under a compulsory
licence granted under Article 34) or otherwise (a “minor
interest”), the person may make an application in writing to the
Registrar for registration of notice of the minor interest.
(2) Where
the Registrar receives an application for registration under this Article, the
Registrar –
(a) shall
serve notice in writing of that application on the registered proprietor of the
rights in which the minor interest is claimed; and
(b) shall
not register the minor interest until the registered proprietor has consented
to the registration or has had sufficient opportunity to do so.
(3) If
the Registrar specifies a form of application for registration under paragraph (1),
such an application shall be made in that form or in writing to the same
effect, but in any event the application shall be accompanied –
(a) by
all such certificates or other documents as are necessary to supply or to
evidence –
(i) the name and
address (including in particular any address notified under Article 15) of
the applicant,
(ii) the
nature of the interest in question and the instrument or event by which it is
created;
and
(b) if a
fee is specified by the Minister, by the fee.
(4) Subject
to paragraphs (2)(b) and (5), the Registrar shall grant an application
duly made in accordance with paragraph (3), and shall record the grant in
the Register.
(5) If –
(a) it
appears doubtful to the Registrar that the application should be granted; or
(b) the
registered proprietor opposes the application or any other question arises in
relation to the application,
the Registrar shall
present a statement of the matter in question to the Bailiff for the directions
of the court.
(6) Subject
to Rules of Court, in relation to any matter referred to it under paragraph (5),
the court –
(a) may
order such persons to be convened, such evidence to be taken and such enquiries
to be made as it considers necessary; and
(b) shall
determine whether any application referred to it under paragraph (5)
should be granted.
(7) If
the court determines that the application should be granted, the court shall
order the Registrar to record the grant in the register.
(8) If
the court determines that the application should not be granted, it shall inform
the applicant of the reasons for its decision.
(9) In
any case where the Registrar records a grant under this Article, the Registrar
shall issue to the applicant a certificate of registration.
(10) If
the Minister specifies a form for the purpose of paragraph (9), the
Registrar shall issue the certificate in that form.
15 Legal
presence in Jersey unnecessary for purpose of making applications
(1) A
person may make an application for registration under Article 5 or 14
notwithstanding the fact that neither the applicant nor any representative of
the applicant is present in Jersey, but only if the applicant notifies the
Registrar in writing of an address in Jersey to which any notice, summons or
other communication in connection with any matter relating to the application
or to the registration may be sent.
(2) Any
notice, summons or other communication sent to the address notified in
accordance with paragraph (1) shall be deemed to have been sufficiently
served.
16 Rights
during application period
(1) Where
an application for initial registration of a plant variety is granted, the
registered proprietor shall be entitled to reasonable compensation for anything
done during the application period which, if it were done after the date on
which the application is granted, would constitute an infringement of the
registered proprietor’s rights.
(2) In
paragraph (1), the “application period” is the period
beginning with the date of publication of an advertisement in accordance with Article 8(3)
and ending with the date on which the application is granted.
17 Effect
of registration: protected variety
(1) Registration
of a plant variety in Jersey entitles the registered proprietor to prevent any
person from doing any of the acts listed in paragraph (2), in respect of
the propagating material of the protected variety, without the registered
proprietor’s authority.
(2) The
acts mentioned in paragraph (1) are as follows –
(a) production
or reproduction (multiplication);
(b) conditioning
for the purpose of propagation;
(c) offering
for sale;
(d) selling
or other marketing;
(e) exporting;
(f) importing;
(g) stocking
for any of the purposes listed in sub-paragraphs (a) to (f); and
(h) any
other act which may be prescribed for the purposes of this provision.
(3) The
registered proprietor may give authority for the purposes of paragraph (1)
with or without conditions or limitations.
(4) The
rights conferred on the registered proprietor by paragraph (1) shall apply
in respect of harvested material only if –
(a) that
material was obtained through the unauthorized use of propagating material of
the protected variety; and
(b) the
registered proprietor has had no reasonable opportunity, before the harvested
material is obtained, to exercise his rights in relation to the unauthorized
use of the propagating material.
(5) In
the case of a variety of a prescribed description, the rights conferred on the
registered proprietor by paragraph (1) shall also apply, unless paragraph (6)
applies, in respect of any product which is of a prescribed description and is
obtained directly from harvested material in relation to which paragraph (4)
applies.
(6) This
paragraph applies if, before the product mentioned in paragraph (5) was
made, an act listed in paragraph (2) was done in respect of the harvested
material from which the product was made and either –
(a) the
act was done with the authority of the registered proprietor; or
(b) the
registered proprietor had a reasonable opportunity to exercise his or her
rights in relation to the doing of the act.
(7) In
this Article, a reference to “harvested material” includes entire
plants and parts of plants.
18 Effect
of registration: dependent variety
(1) In
relation to any variety which is dependent on the protected variety, the
registered proprietor shall have the same rights as conferred by Article 17(1).
(2) For
the purposes of this Article, a variety is dependent on another (the
“initial variety”) if –
(a) repeated
production of it is not possible without repeated use of the initial variety;
or
(b) it is
essentially derived from the initial variety (and the initial variety is not
itself essentially derived from a third variety).
(3) In
paragraph (2), a variety shall be deemed to be “essentially
derived” from an initial variety where –
(a) it is
predominantly derived from –
(i) the initial
variety, or
(ii) a
variety which is itself predominantly derived from the initial variety,
while retaining the
expression of the essential characteristics resulting from the genotype or
combination of genotypes of the initial variety;
(b) it is
clearly distinguishable from the initial variety by one or more characteristics
which are capable of precise description; and
(c) except
for the differences which result from the act of derivation, it conforms to the
initial variety in the expression of the essential characteristics which result
from the genotype or combination of genotypes of the initial variety.
(4) For
the purposes of paragraph (3), derivation may occur (by way of example and
without imposing any limitation) by means of –
(a) the
selection of –
(i) a natural or
induced mutant,
(ii) a
somaclonal variant, or
(iii) a
variant individual from plants of the initial variety;
(b) backcrossing;
or
(c) transformation
by genetic engineering.
(5) Paragraph (1)
shall not apply where the existence of the dependent variety was common
knowledge immediately before the coming into force of this Law.
(6) The
existence of a variety –
(a) shall
be taken to be a matter of common knowledge where the variety –
(i) is, or has been,
the subject of a plant variety right under any jurisdiction or entered in an
official register of plant varieties under any jurisdiction, or
(ii) is
the subject of an application which results in its falling within clause (i);
(b) may
be established as being a matter of common knowledge by reference to plant
varieties –
(i) already in
cultivation or exploited for commercial purposes,
(ii) included
in a recognized commercial or botanical reference collection, or
(iii) of
which there are precise descriptions in any publication.
19 Exceptions
to plant variety rights: general
The rights of a
registered proprietor shall not be enforceable in relation to any act done –
(a) for
private and non-commercial purposes;
(b) for
experimental purposes; or
(c) for
the purpose of breeding another variety.
20 Exceptions
to plant variety rights: farm saved seed
(1) Subject
to paragraph (3), the rights of a registered proprietor shall not be
enforceable in relation to any use further described in paragraph (2), of
propagating material of the protected variety or of a variety which is
essentially derived from the protected variety.
(2) The
use which is excepted by paragraph (1) is use –
(a) by a
farmer;
(b) for
propagating purposes in the field; and
(c) on
the farmer’s own holding,
of the product of a
harvest obtained by planting the propagating material on that holding.
(3) Paragraph (1)
applies only where the propagating material is of a variety of a species or
group –
(a) specified
in Article 14(2) of the Council Regulation; or
(b) otherwise
prescribed for the purposes of this Article.
(4) Subject
to paragraphs (5) and (6), where a farmer’s use of propagating
material is excepted by virtue of paragraph (1) the farmer shall, at the
time of the use, become liable to pay the registered proprietor equitable
remuneration which shall be sensibly lower than the amount charged for
production of propagating material of the same variety in the same area with
the proprietor’s authority.
(5) Paragraph (4)
shall not apply to a farmer who is –
(a) considered
to be a small farmer for the purposes of Article 14(3), third indent, of
the Council Regulation; or
(b) of
such other description as may be prescribed.
(6) Paragraph (4)
shall not apply where, before the day on which this Law comes into
force –
(a) a
farmer has, in relation to the variety concerned, engaged in use such as
described in paragraph (2); and
(b) no
remuneration was payable in respect of that use.
(7) There
may be prescribed for the purposes of this Article a date, no earlier than
5 years from the commencement of this Law, on which paragraph (6)
shall cease to have effect in relation to specified varieties or to varieties
of a specified species or group.
(8) The
Minister may by Order make provision –
(a) enabling –
(i) registered
proprietors of plant variety rights to require farmers or seed processors, and
(ii) farmers
or seed processors to require registered proprietors,
to supply such
information as may be specified and as may be considered necessary for the purposes
of this Article;
(b) restricting
the circumstances in which the product of a harvest of a protected variety may
be moved, for the purpose of being processed for planting, from the holding on
which it was obtained; and
(c) enabling
the Minister to monitor the operation of any provision of, or under, this
Article,
and provision under
sub-paragraph (a) may include, without derogation to that general power,
provision imposing obligations of confidence in relation to information
required to be supplied.
(9) In
this Article –
“Council
Regulation” means Council Regulation (EC) No. 2100/94 of
27 July 1994 on community plant variety rights;
“essentially
derived” has the same meaning as is given to that expression by Article 18(3);
“in the field”
includes in a glasshouse or under any other protective covering;
reference to a
“farmer’s own holding” includes reference to any land
actually exploited by the farmer for plant growing, whether as the
farmer’s property or as otherwise managed under the farmer’s
responsibility and on the farmer’s account; and
remuneration shall be
taken to be “sensibly lower” if it would be taken as such as that
expression is applied by Article 14(3), fourth indent, of the Council
Regulation.
21 Exhaustion
of rights
(1) Subject
to paragraph (2), the rights of a registered proprietor shall not extend
to any act concerning material of a variety if the material –
(a) has
been sold or otherwise marketed in Jersey by, or with the consent of, the
proprietor of the rights; or
(b) is
derived from material which has been so sold or otherwise marketed.
(2) Paragraph (1)
shall not apply where the act involves –
(a) further
propagation of the variety; or
(b) the
export of material which enables propagation of the variety in a non-qualifying
country, otherwise than for the purposes of final consumption.
(3) For
the purposes of paragraph (2)(b), a “non-qualifying country”
is one which does not provide for the protection of varieties of the genus or
species to which the variety in question belongs.
(4) In
this Article, “material” means –
(a) any
kind of propagating material of a variety;
(b) harvested
material of the variety, including entire plants and parts of plants; and
(c) any
product made directly from material falling within sub-paragraph (b).
22 Duration
of rights
(1) The
rights of a registered proprietor shall subsist –
(a) for
as long as the original registration subsists; or
(b) for
25 years, or (in the case of potatoes, trees and vines) for 30 years,
from the date of original registration,
whichever period is
shorter.
(2) In
paragraph (1), “original registration” means the registration
made pursuant to an original grant of rights.
(3) The
period for which rights subsist shall not be affected by suspension either of
the original registration or under Article 35.
23 Nature
and transferability of rights
(1) The
rights of a registered proprietor are personal or movable property.
(2) Such
rights are transferable by assignment, testamentary disposition or operation of
law.
(3) Rights
under Article 18 may not be transferred or otherwise dealt with separately
to the rights under Article 17 on which they depend.
24 Changes
to the register: correction of minor errors
(1) The
Registrar may correct a minor error in the register, either –
(a) subject
to paragraphs (2) and (3), where a person having a sufficient interest
makes a request in writing for such a correction; or
(b) of
the Registrar’s own motion,
in accordance with paragraph (4).
(2) A
request for a correction under paragraph (1)(a) shall be accompanied
by –
(a) all
such certificates or other documents as are necessary to support or to evidence
the correction requested; and
(b) if a
fee is specified by the Minister, the fee.
(3) Where
the Registrar –
(a) receives
a request for a correction under paragraph (1)(a); and
(b) considers
that the correction sought would materially affect rights conferred by the
registration,
the Registrar shall
require the person making the request to apply to the court for rectification
of the register under Article 27.
(4) Where
the Registrar proposes to make a correction under paragraph (1), the
Registrar shall give notice of the proposal to the registered proprietor and
(as the case may require) any licensee registered under Article 14, and to
any other person appearing to the Registrar to have a sufficient interest.
(5) Before
making a correction the Registrar shall give such persons as may have been
notified under paragraph (4) a reasonable opportunity to make
representations with regard to the proposal.
25 Other
changes to the register to be made by Registrar
(1) The
Registrar may –
(a) delete
the registration of any variety; or
(b) amend
the register to make a change to the name or address of the registered
proprietor,
upon a request to such
effect being made in writing by the registered proprietor.
(2) The
Registrar may amend the register to make a change to the name or address of a
holder of a minor interest registered under Article 14, upon a request to
such effect being made in writing by the holder of the interest.
(3) If
a fee is specified by the Minister, a request under paragraph (1) or (2)
shall be accompanied by the fee.
(4) Where,
following registration of a plant variety in Jersey, the original grant of
rights in that variety has been revoked, cancelled or reinstated, the Registrar
may amend the register as necessary in order to replicate any such modification
of the original grant, upon application being made in writing by the registered
proprietor.
(5) If
the Registrar specifies a form of application for the purposes of paragraph (4),
an application under that paragraph shall be made in that form or in writing to
the same effect, but in any event such an application shall be accompanied –
(a) by a
certified copy, from the recognized entity which made the original grant of
rights, of the registration by that entity showing the modification of which
replication is sought; and
(b) if a
fee is specified by the Minister, by the fee.
(6) If
it appears doubtful to the Registrar that an application under paragraph (4)
should be granted, the Registrar shall apply to the court for determination of
the question whether the application should be granted or not.
(7) For
the purposes of paragraph (6) the court may order such persons to be
convened, such evidence to be taken and such enquiries to be made as it
considers necessary.
(8) If
the court determines that an application under paragraph (4) should be
granted, the court shall order the Registrar to amend the register accordingly.
26 Revocation
of registration by order of the court
(1) Upon
an application being made by the Attorney General or by any person aggrieved,
on any of the grounds listed in paragraph (5), the court may order the
Registrar to revoke a registration of a plant variety and to amend the register
accordingly.
(2) In
addition to and not in derogation from the power conferred by paragraph (1),
where an application to the court is made on the ground stated in paragraph (5)(c)
the court may order the Registrar to substitute, as registered proprietor, a person
properly entitled to be so registered, and to amend the register accordingly.
(3) In
proceedings under this Article, the court may determine any question which it
considers to be necessary or expedient to determine and, subject to Rules of
Court, may order such persons to be convened, such evidence to be taken and
such enquiries to be made as it considers necessary.
(4) The
court may in particular, and without derogation from the general power
conferred by paragraph (3), order –
(a) that
the Registrar or any other person –
(i) should grow, or
cause to be grown, the plant variety in question,
(ii) should
carry out, or cause to be carried out, any further or additional tests or
investigations,
whether or not all or
any of these particular actions have been carried out, prior to the
court’s order under this paragraph; and
(b) that
the registered proprietor or the applicant should –
(i) provide such
further or additional information, documents, plant or other material,
facilities or test or trial results, and
(ii) pay
to the Registrar any such fee,
as the court may
reasonably require.
(5) The
grounds on which an application to the court may be made under paragraph (1)
are the following, namely –
(a) that
the variety in question was not, at the date of registration, a variety which
was new or distinct;
(b) where
the registration was essentially based on information or documents provided by
the applicant, that the variety in question was not, at the date of
registration, a variety which was uniform or stable;
(c) that
the variety in question was registered on the application of a person not
entitled to make such application under this Law; or
(d) that
the original grant of rights in the variety in question has been revoked by the
recognized entity which made the original grant.
(6) A
registration revoked by the court under paragraph (1) shall be deemed
never to have had effect.
(7) In
this Article and in Article 27, a “person aggrieved” means a
person whose interests have been prejudicially affected by a particular
registration of a particular plant variety.
27 Other
rectification of the register by order of the court
(1) Upon
an application being made by the Attorney General or by any person aggrieved,
the court may order the Registrar to rectify the register by making or amending
an entry in it.
(2) In
proceedings under this Article, the court may determine any question which it
considers to be necessary or expedient to determine and, subject to Rules of
Court, may order such persons to be convened, such evidence to be taken and
such enquiries to be made as it considers necessary.
(3) A
rectification of the register pursuant to an order under this Article shall
have effect from such date as the court may order.
28 Maintenance
of protected variety
(1) A
registered proprietor shall ensure that, throughout the period during which the
protected variety remains registered in Jersey, propagating material which is
capable of producing the protected variety can be provided by the registered
proprietor to the Registrar.
(2) The
registered proprietor shall provide to the Registrar, within such reasonable
time as may be specified, all such information and facilities as the Registrar
may require for the purpose of determining whether or not the registered
proprietor is fulfilling the duty imposed by paragraph (1).
(3) For
the purposes of paragraph (2) –
“information”
includes, but is not limited to, such certified or other copies of any
documentation relevant to the original grant of rights and the maintenance of
such rights, as the Registrar may consider necessary; and
“facilities”
includes, but is not limited to, facilities for the inspection by or on behalf
of the Registrar of the measures being taken for preservation of the protected
variety.
(4) Without
prejudice to any other powers to amend the register which are conferred on the
Registrar by this Law, the Registrar may cancel any registration of a plant
variety on the grounds that the registered proprietor has failed to comply
with a request by the Registrar under paragraph (2).
29 Cancellation
of rights on specific grounds by court
(1) Without
prejudice to any other powers of the court to order amendment of the register
(whether general or conferred on the court by this Law), the court may, on an
application by any person on any of the grounds stated in paragraph (2),
order the Registrar to cancel the registration of a protected variety.
(2) The
grounds mentioned in paragraph (1) are that –
(a) the
protected variety has ceased to be uniform or stable;
(b) the
registered proprietor is no longer in a position to fulfil the duty to provide
propagating material of the protected variety as required by Article 28(1);
or
(c) that
the original grant of rights in the protected variety has been cancelled.
(3) In
proceedings under this Article, the court may determine any question which it
considers to be necessary or expedient to determine and, subject to Rules of
Court, may order such persons to be convened, such evidence to be taken and
such enquiries to be made as it considers necessary, and may in particular –
(a) order
the registered proprietor to provide all such additional information, documents
and specimens as may reasonably be required;
(b) order
that the Registrar, the registered proprietor or any other person –
(i) should grow, or
cause to be grown, the plant variety in question, and
(ii) should
pay any such fee (including a fee relating to the cost of growing the plant
variety pursuant to the court’s order) as the court may require.
(4) Where
the court is satisfied not only that the protected variety is no longer uniform
or stable, but also that it ceased to be so at some date earlier than that of
the application under this Article, the court may order that the cancellation
should have effect from that earlier date.
30 Remedies
for infringement of rights
(1) An
infringement of rights in a protected variety is actionable by the registered
proprietor of those rights.
(2) Subject
to paragraph (3), in an action for infringement of rights all such relief
by way of damages, injunctions, accounts or otherwise is available to a person
claiming such infringement as is available in respect of the infringement of
any other property right.
(3) Damages
shall not be awarded in proceedings for the infringement of rights against a
person who proves that at the date of the infringement, the person was not
aware and had no reasonable grounds for supposing that the right infringed was
a right in a protected variety.
31 Presumptions
in infringement proceedings: harvested material
(1) Where,
in proceedings for infringement of rights in respect of harvested material, the
registered proprietor proves, in relation to any of the material (the
“subject material”) –
(a) that
the subject material has been the subject of an information notice given to the
defendant by or on behalf of the registered proprietor; and
(b) that
the defendant has not, within such time as may be specified (or, where a time
is prescribed for this purpose, within that time) after service of the notice,
provided the registered proprietor with the information requested in the
notice,
the presumptions as to the
subject material set out in paragraph (2) shall apply unless the defendant
can show proof to the contrary or other reasonable excuse for not providing the
information.
(2) The
presumptions mentioned in paragraph (1) are –
(a) that
the subject material was obtained through unauthorized use of propagating
material; and
(b) that
the registered proprietor did not have a reasonable opportunity, before the
subject material was obtained, to exercise his or her rights in relation to the
unauthorized use.
(3) In
paragraph (1)(a), an “information notice” is a notice in
writing and in such form, if any, as may be specified by the Registrar, which –
(a) specifies
the subject material and the details of the registration relating to that
material as recorded under Article 4;
(b) contains,
in relation to that material, a request for –
(i) the name and
address of the person from whom the recipient acquired possession of the
material specified in the notice,
(ii) the
date on which the recipient acquired possession of that material, and
(iii) the
size of the consignment of which that material formed part;
and
(c) contains
such other particulars as may be prescribed.
32 Presumptions
in infringement proceedings: products made from harvested material
(1) Where,
in proceedings for infringement of rights in respect of any product made
directly from harvested material, the registered proprietor proves, in relation
to the product –
(a) that
it has been the subject of an information notice given to the defendant by or
on behalf of the registered proprietor; and
(b) that
the defendant has not, within the prescribed time after service of the notice,
provided the registered proprietor with the information requested in the
notice,
the presumptions as to the
product set out in paragraph (2) shall apply unless the defendant can show
proof to the contrary or other reasonable excuse for not providing the
information.
(2) The
presumptions mentioned in paragraph (1) are –
(a) that
the harvested material from which the product was made was obtained through
unauthorized use of propagating material;
(b) that
the registered proprietor did not have a reasonable opportunity, before the
harvested material was obtained, to exercise his or her rights in relation to
the unauthorized use; and
(c) that
no relevant act was done, before the product was made, in respect of the
harvested material from which it was made.
(3) An
act is relevant for the purposes of paragraph (2)(c) if it is an act
listed in Article 17(2) and –
(a) is
authorized by the registered proprietor; or
(b) is an
act in relation to which the registered proprietor has a reasonable opportunity
to exercise his or her rights.
(4) In
paragraph (1)(a), an “information notice” is a notice in
writing and in such form, if any, as may be specified by the Registrar,
which –
(a) specifies
the product;
(b) contains,
in relation to that product, a request for the prescribed, but no other,
information; and
(c) contains
such other particulars as may be prescribed.
33 Confidentiality
of information obtained under Articles 31 and 32
(1) Where
the registered proprietor obtains information pursuant to an information notice
given for the purposes of Article 31 or 32, the registered proprietor owes
an obligation of confidence in respect of that information to the person who
supplied it.
(2) But
paragraph (1) does not restrict the disclosure of information –
(a) for
the purposes of, or in connection with, establishing whether there has been an
infringement of rights; or
(b) for
the purposes of, or in connection with, proceedings for such infringement.
34 Compulsory
licences – applications and grant
(1) At
any time after the expiration of the period of 3 years (or such other
period as may be prescribed) from the date of registration of a plant variety
as certified in accordance with Article 11, a person may apply to the
court for a licence under the rights in the plant variety on one of the grounds
stated in paragraph (2).
(2) The
grounds on which an application may be made under paragraph (1) are that
the registered proprietor of the rights in question –
(a) has
unreasonably refused to grant a licence to the applicant; or
(b) in
granting, offering or purporting to grant a licence to the applicant, has
imposed or proposed unreasonable terms.
(3) The
court may not grant the application unless it is satisfied as to the ground on
which the application is made, and is also satisfied –
(a) that
it is necessary to grant the application for the purposes of securing that the
variety to which the application relates is –
(i) available to the
public at reasonable prices,
(ii) widely
distributed, or
(iii) maintained
in quality;
(b) that
the applicant is financially and otherwise in a position to exploit, in a
competent and business-like manner, the right granted by any licence; and
(c) that
the applicant intends so to exploit that right,
and if it is so satisfied
the court may grant the application and shall order the Registrar to record the
grant in the register.
(4) If
the court is not satisfied as described in paragraph (3), it may dismiss
the application.
(5) A
licence under this Article shall not be an exclusive licence and may be granted
whether or not the registered proprietor has granted licences to the applicant
or to any other person.
(6) A
licence under this Article shall be on such terms as the court may think fit,
having regard in particular to the desirability of securing –
(a) that
the variety to which the application relates is –
(i) available to the
public at reasonable prices,
(ii) widely
distributed, and
(iii) maintained
in quality; and
(b) that
there is reasonable remuneration for the registered proprietor of the rights
under which the licence is granted.
(7) Without
derogation from the generality of paragraph (6), a licence may also
include in particular terms obliging the registered proprietor to make
propagating material available to the licensee.
(8) The
court may at any time and on the application of any person revoke, extend,
limit or in any other respect vary a licence under this Article.
(9) If
and to the extent that any agreement purports to bind any person not to apply
for a licence under this Article, the agreement shall be void.
35 Compulsory
licences – suspension
(1) If,
on an application by a licensee under Article 34, the court is satisfied
that the registered proprietor of the rights under which the licence is granted
is in breach of any obligation imposed by the licence, the court may order that
the exercise of those rights be suspended.
(2) If
the registered proprietor proves to the satisfaction of the court that the
breach no longer subsists, the court may order that any suspension under paragraph (1)
shall cease.
36 Duty
to use registered denomination
(1) A
person (including the registered proprietor) may not use any denomination other
than the denomination registered in relation to a protected variety (in this
Article and Articles 37 and 38, the “registered
denomination”), in offering for sale, selling, or otherwise marketing
propagating material of that variety.
(2) Paragraph (1)
has effect in relation to a variety from the date of registration of the
variety, and shall continue to apply after the period for which the
registration has effect.
(3) Paragraph (1)
shall not preclude the use of any trade mark or trade name (whether registered
under the Trade Marks
(Jersey) Law 2000 or not) if –
(a) that
mark or name and the registered denomination are juxtaposed; and
(b) the
registered denomination is clearly recognizable.
(4) A
person who contravenes the prohibition in paragraph (1) is guilty of an
offence and liable on conviction to a fine of level 3 on the standard
scale.
(5) In
any proceedings for an offence under this Article, it is a defence to prove
that the defendant –
(a) took
all reasonable precautions against committing the offence; and
(b) when
using the denomination, had no reason to suspect that it was an offence to do so.
37 Request
to use new denomination
(1) This
Article applies where –
(a) a
person, being either an applicant for registration under Article 8 or a
registered proprietor, requests in writing the registration of a plant variety
under a denomination (a “new denomination”) other than the
denomination registered in relation to that variety upon the original grant of
rights (the “original denomination”); and
(b) the
proposed new denomination is registered outside Jersey as part of a grant of
rights by an entity other than that which made the original grant of rights.
(2) Where
this Article applies the Registrar shall grant the request and record the new
denomination in the register, but the Registrar shall not do so if –
(a) there
is opposition to the suitability of the new denomination; or
(b) it
appears doubtful to the Registrar that the request should be granted, for any
reason but in particular including because the new denomination is unsuitable
to be registered, having regard to the criteria in Article 63 of the
Council Regulation.
(3) Where
this Article applies, the requirements of Articles 8, 9 and 10 shall apply
in relation to the request for registration under paragraph (1) –
(a) with
all necessary modifications, as though that request were an application for
first registration; and
(b) in
particular, the matters required to be published by means of advertisement
under Article 8(3) shall include both the proposed new denomination and
the original denomination.
(4) In
this Article, “Council Regulation” has the same meaning as in
Article 20(9).
(5) If
the Registrar specifies a form of request for a new denomination under this
Article, such a request shall be made in that form or in writing to the same
effect.
38 Improper
use of registered denomination
(1) Where
any person uses the registered denomination of a protected variety in offering
for sale, selling, or otherwise marketing propagating material of a different
variety, such wrongful use of the registered denomination is actionable in
proceedings brought by the registered proprietor.
(2) It
is also wrongful, and actionable as provided by paragraph (1), for any
person to use a denomination so nearly resembling a registered denomination as
to be likely to deceive or to cause confusion, in offering for sale, selling or
otherwise marketing propagating material of a variety other than the variety
properly denominated by the registered denomination in question.
(3) In
any proceedings under this Article, it is a defence to prove that the
defendant –
(a) took
all reasonable precautions against committing the wrong; and
(b) when
using the denomination, had no reason to suspect that it was wrongful to do so.
39 False
information
(1) A
person who, knowingly or recklessly, gives information –
(a) to
which this Article applies; and
(b) which
is false in a material particular,
is guilty of an offence
and liable on conviction to a fine of level 3 on the standard scale.
(2) This
Article applies –
(a) to
any information given in, or in connection with, any application to the
Registrar under this Law; and
(b) to
any information given in response to a request for such information made by the
Registrar under this Law.
40 False
representations as to rights
(1) A
person who, knowingly or recklessly, falsely represents that he, she or it is
entitled to exercise rights of a registered proprietor, or any rights deriving
from such rights, is guilty of an offence and liable on conviction to a fine of
level 3 on the standard scale.
(2) For
the purposes of paragraph (1), it is immaterial whether or not the variety
to which the false representation relates is in fact a protected variety in
which enforceable rights subsist.
41 Offences:
liability of body corporate etc.
(1) Where
an offence under this Law committed by a limited liability partnership, a
separate liability partnership or a body corporate is proved to have been
committed with the consent or connivance of –
(a) a
person who is a partner of the partnership, or a director, manager, secretary
or other similar officer of the body corporate; or
(b) any
person purporting to act in any such capacity,
the person shall also be
guilty of the offence and liable in the same manner as the body corporate or
the partnership to the penalty provided for that offence.
(2) Where
the affairs of a body corporate are managed by its members, paragraph (1)
shall apply in relation to acts and defaults of a member in connection with the
member’s functions of management as if the member were a director of the
body corporate.
42 Minister’s
power to make Orders, and to specify matters
(1) The
Minister may by Order make provision for the purposes of carrying this Law into
effect and in particular for prescribing any matter which may be or is required
to be prescribed by the Minister under this Law.
(2) Provision
under paragraph (1) may, in particular and without derogation from the
general power conferred by that paragraph, be made –
(a) requiring
and regulating the translation of documents and the filing and authentication
of any translation;
(b) authorizing
the rectification of irregularities of procedure;
(c) for
restricting the making of repeated applications on the same subject;
(d) as to
any fee or charge, including provision as to the level or amount; and
(e) time
limits (including time limits as to the payment of fees, and the extension of
any time limits),
in respect of anything
required to be done, or in connection with any proceeding, under this Law.
(3) An
Order under this Law may contain such incidental, supplementary or transitional
provisions as the Minister may consider necessary or expedient.
(4) The
Minister shall have power to specify any matter which may be specified by the
Minister under this Law, and shall do so in writing addressed to such persons
as the Minister may reasonably consider to be concerned in the matter.
43 Registrar’s
power to charge
(1) Subject
to anything which may be prescribed under Article 42(2)(d), the Registrar
may require a charge to be paid by any person in respect of costs reasonably
incurred by the Registrar, including (but not limited to) costs incurred in –
(a) carrying
out tests on, or investigations or trials of, a plant variety which is the subject
of an application for registration, whether by the Registrar or by any person
on the Registrar’s behalf; and
(b) purchasing
a report of such a test, investigation or trial from an authority or recognized
entity outside Jersey whose functions include the testing of plant varieties.
(2) In
requiring payment of a charge under paragraph (1), the Registrar shall
specify –
(a) any
reasonable time limit by which the charge must be paid;
(b) whether
or not the charge may be refunded, and if so, any reasonable time limit by
which such a refund may be paid; and
(c) any
consequence of non-payment of the charge, including in particular the refusal
of any application in relation to which the charge is required to be paid.
44 Rules
of Court
(1) The
power to make rules of court under the Royal Court (Jersey)
Law 1948 includes power to make rules regulating practice and
procedure in or in connection with proceedings before the court under this Law,
and in particular (but without derogation from the generality of this power) to
make provision –
(a) for
the appointment of advisers to assist the court in any proceedings including
(but not limited to) proceedings for infringement of rights and for the
regulation of the functions of such advisers;
(b) for
enabling persons to take proceedings under this Law in forma pauperis;
(c) for
the hearing by the court in vacation of all such matters under this Law as may
require to be immediately or promptly heard.
(2) The
remuneration of any adviser appointed under Rules made in pursuance of this
Article shall be defrayed out of the annual income of the States.
45 Regulations
(1) The
States by Regulations may make such further provision with respect to the
registration of plant varieties as they think fit, including amendment of this
Law or any other enactment, and in particular (but without derogation from the
generality of this power) may make provision for the purposes of –
(a) the
registration of plant varieties in Jersey (whether by way of first registration
or re-registration), and the exercise and enforcement of any right or interest
in a plant variety, including giving effect to any right or interest in a plant
variety granted in a country or territory other than Jersey, in so far as such
provision is, in the opinion of the States, consistent with any international
treaty or agreement relating to plant varieties which applies to Jersey;
(b) giving
effect in Jersey to any international convention ratified by or on behalf of
Jersey or which extends to Jersey;
(c) enabling
the ratification or extension of any international convention;
(d) implementing,
in Jersey, any obligation of the United Kingdom under the EU Treaties (as
defined in the European
Union (Jersey) Law 1973), whether or not that obligation applies to
Jersey;
(e) giving
effect in Jersey to any provision that applies in the United Kingdom.
(2) Furthermore
such regulations may in particular (and without derogation from the generality
of paragraph (1)) –
(a) confer
powers on any person or body with regard to the administration of, and
decisions relating to, any right or interest in a variety, including allowing
the Minister to make provision for such matters by Order;
(b) make
provision for appeals;
(c) make
further provision for enforcement including civil remedies or criminal
penalties for infringement of any right or interest in a variety;
(d) make
further provision for fees, including allowing the Minister to prescribe or
specify the amount of any fee;
(e) make
provision for such supplementary, transitional and incidental matters as the
States may consider to be necessary or expedient.
46 Citation
This Law may be cited as
the Intellectual Property (Plant Varieties) (Jersey) Law 2016.