New Zealand Legislation: Acts

12 Priorities resulting from earlier overseas applications

• (1) Where—

  • (a) Any person makes an application for a grant in New Zealand in respect of a variety in respect of which that person has earlier,—

    • (i) After a convention party that is a state, part of a state, or a territory for whose international relations a state is responsible most recently became a convention party, made in and under the law of that convention party an equivalent application that has been accepted; or

    • (ii) After a convention party that is not a state, part of a state, or a territory for whose international relations a state is responsible most recently became a convention party, made under the rules of that convention party an equivalent application that has been accepted; and

  • (b) That application for a grant in New Zealand is made not more than 12 months after that equivalent application (or, if more than 1 equivalent application has been made, whether in or under the rules of several convention parties, the earliest of them) was made; and

  • (c) A claim for priority in relation to that equivalent application accompanies the application for a grant in New Zealand; and

  • (d) Within 3 months of the making of that application for a grant in New Zealand, a copy of any documents constituting that equivalent application, certified as correct by the authority to which it was made, is submitted to the Commissioner,—

  sections 10(4)(b) and 11 of this Act shall apply to that application for a grant in New Zealand as if it had been made when that equivalent application was accepted.

  Compare: 1973 No 37 s 13A

  Subsection (1)(a) and (b) was substituted, as from 14 October 1999, by section 2(3) Plant Variety Rights Amendment Act 1999 (1999 No 122).