Section 24
Grounds of invalidity of grant of protection
of Plant Varieties Protection Act
(1)
An application for a declaration of invalidity of any grant of protection on any ground referred to in subsection (2) may be made by any person to the Court.
(2)
A grant of protection shall be declared invalid if the Court is satisfied that —
(a)
the plant variety concerned was not new or distinct within the meaning of section 21 at the time of the grant of the protection;
(b)
where the grant of protection was essentially based upon information and documents furnished by the breeder, the plant variety was not, at the time the grant of protection was made, stable or uniform within the meaning of section 21(1)(c) or (d), respectively; or
(c)
the grant of protection has been made to a person who is not entitled to it, unless it is transferred to the person who is so entitled.
(3)
The Registrar shall remove from the register any grant of protection which has been declared invalid by the Court under this section.