Hong Kong Regulations

PLANT VARIETIES PROTECTION REGULATION - SECT 4

Testing of plant varieties

(1) In considering an application for a grant or an application for a
declaration under section 31(1)(b) of the Ordinance, the Registrar, in order
to satisfy himself that-

   (a)  (in the case of an application for a grant) the relevant  variety is
        new, distinct, stable and homogeneous within the meaning of section 18
        of the Ordinance; or

   (b)  (in the case of an application for a declaration under section
        31(1)(b) of the Ordinance) the other variety (as referred to in the
definition of "relevant variety" in section 2) is an essentially derived
variety from the initial variety (as referred to in the definition of "
relevant variety" in section 2) within the meaning of section 31 of the
Ordinance, may, if he thinks fit-

        (i)    upon the request of the applicant, commission any test of the
               relevant variety, and at his absolute discretion examine and
               evaluate the result of such test;

        (ii)   approve at his absolute discretion and on such conditions as he
               may impose or approve the applicant's undertaking or
               commissioning at the applicant's own cost of any test of the
               relevant variety, and at his absolute discretion examine and
               evaluate the result of such test;

        (iii)  require the applicant to undertake or commission any test of
               the relevant variety at the applicant's own cost and on such
               conditions as the Registrar may impose or approve, and at his
               absolute discretion examine and evaluate the result of such
               test;

        (iv)   upon the request of the applicant, obtain the result of any
               test of the relevant variety already conducted by a person or
               body independent of the applicant, and at his absolute
               discretion examine and evaluate such result;

        (v)    approve at his absolute discretion and on such conditions as he
               may impose or approve the applicant's obtaining at the
               applicant's own cost of the result of any test of the
               relevant variety already conducted by a person or body
               independent of the applicant, and at his absolute discretion
               examine and evaluate the result of such test;

        (vi)   require the applicant to obtain at the applicant's own cost the
               result of any test of the relevant variety already conducted by
               a person or body independent of the applicant that complies
               with such conditions as the Registrar may impose or approve in
               relation to the test, and at his absolute discretion examine
               and evaluate such result.

(2) The Registrar may disregard the result of any test of the relevant variety
undertaken or commissioned by the applicant with the approval of or as
required by the Registrar under subsection (1) unless the conditions on which
the Registrar approved the applicant's undertaking or commissioning the test
or on which the applicant was required to undertake or commission the test (as
the case may be), were complied with.

(3) The Registrar may disregard the result of any test of the relevant variety
obtained by the applicant with the approval of or as required by the Registrar
under subsection (1) unless the conditions on which the Registrar approved the
applicant's obtaining the result were complied with or unless the test
complies with the conditions imposed or approved by the Registrar in relation
to the test (as the case may be).

(4) The applicant shall make payment to the Registrar of such sum as is
necessary to defray any costs and expenses incurred by the Registrar in
relation to the test of the relevant variety commissioned by the Registrar
under subsection (1) or in relation to the obtaining by the Registrar of the
result of any test of the relevant variety under that subsection, and such
payment shall be made at such time and in such manner as the Registrar may
require.

(5) If the applicant fails to make the payment to the Registrar as required by
subsection (4), the application shall be deemed to be withdrawn by the
applicant on the expiration of the period within which the Registrar requires
such payment to be made, and section 15(2) of the Ordinance shall apply
accordingly.