Section 8: Application to register variety

8. Application to register variety (1) No variety of any kind of plant shall be registered— (a) unless the variety is clearly distinguishable in one or more important characteristics capable of precise recognition and definition from any other variety of the same kind of plant of which the existence is a matter of common knowledge at the time of the filing of an application for registration; (b) unless it is, subject to the variation that may be expected from the particular features of the propagation of the variety, sufficiently uniform with regard to its characteristics; (c) unless the variety remains unchanged after repeated propagation or multiplication or, in the case of a particular cycle of propagation or multiplication, at the end of every such cycle; (d) unless the variety is identified by a variety name which complies with such requirements as NPVSO may determine; (e) unless it is of satisfactory value for cultivation and use; and (f) where the variety or its progeny may be detrimental to human or animal health and safety or the environment when grown and used as intended. (2) A person who wishes to register the variety of any kind of plant shall make an application to NPVSO in such manner as may be prescribed. (3) (a) An application made under subsection (2) shall— (i) be submitted by the breeder of the variety who shall, subject to paragraph (b), be a citizen or resident of, or have a registered office in, Mauritius; and (ii) be accompanied by a representative reference sample of the seed of that variety. (b) Where a breeder is not a citizen or resident of Mauritius, or does not have a registered office in Mauritius, the application shall be submitted through an agent who shall be a resident in Mauritius. [Issue 10] S8A – 6 Revised Laws of Mauritius (4) On receipt of an application made under subsection (2), NPVSO shall refer the application to the Seeds Committee for its recommendations. (5) (a) NPVSO shall, on the recommendation of the Seeds Committee, grant or reject the application and shall forthwith notify the applicant of its decision. (b) Where NPVSO grants an application under paragraph (a), it shall, on payment of the prescribed fee, register the variety as a listed variety on such terms and conditions as it may determine. (6) (a) NPVSO shall issue a certificate of registration to the applicant where his application is granted. (b) A certificate of registration— (i) shall be in such form as NPVSO may determine; (ii) shall be valid for a period of 10 years; and (iii) may, on written application made not later than 3 months before its expiry, be renewed for a further period of 10 years. (7) NPVSO may, with the approval of the Seeds Committee, and subject to such directions as it may give to an applicant, grant a certificate of provisional registration, in such form as NPVSO may determine, to protect the interests of the applicant against any abusive act committed by any third party during the period between the date of filing of the application for registration and the date of determination by NPVSO of the application. (8) The breeder of a listed variety or his agent may apply to NPVSO for a change of the variety name, in such manner as NPVSO may determine. (9) Notwithstanding this section, a variety may be registered pursuant to any bilateral or regional agreement concerning variety release and registration between Mauritius and one or more States. (S. 8 not in operation.)