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

13 Cancellation of grants because of earlier overseas applications
  • Where—

    • (a) After a grant is made to any person in respect of a variety, another person makes an application in respect of that variety; and

    • (b) The Commissioner is satisfied that, if that grant had not already been made, that other person would, by virtue of section 12 of this Act, be entitled to a grant in respect of that application,—

    the Commissioner shall cancel that grant, and shall make a new grant to the person who would be entitled to it if the cancelled grant had never been made.

    Compare: 1973 No 37 s 13A(8)