Plant Variety Rights Act 1987 No 5 (as at 03 September 2007), Public Act

9 Provisional protection
  • (1) Subject to subsection (2) of this section, on and after the day on which an application is made, the applicant shall have the same rights to take proceedings under this Act as if on that day a grant had been made to the applicant in respect of the variety concerned.

    (2) The rights conferred by subsection (1) of this section shall be deemed never to have been conferred if—

    • (a) The application concerned is withdrawn or lapses; or

    • (b) The Commissioner declines to make a grant in respect of that application.

    Compare: 1973 No 37 s 18