Section 35
Approval and registration of denomination
of Plant Varieties Protection Act
(1)
A plant variety in respect of which an application for a grant of protection is made shall have a denomination and, subject to subsections (2)
and (3), the denomination shall be approved by the Registrar and registered at the time the grant of protection is made.
(2)
The Registrar shall approve and register a proposed denomination for a plant variety if, and only if, in the opinion of the
Registrar, it complies with the prescribed requirements.
(3)
The Registrar shall not approve or register a denomination for the plant variety which —
(a)
consists solely of figures, except where this is an established practice for designating plant varieties;
(b)
is likely to mislead or cause confusion concerning the characteristics, value or identity of the plant variety, or the identity of the breeder;
(c)
is contrary to any written law or public order, or is likely to be offensive to the public;
(d)
is not different from every denomination which designates, in the country or territory of any member of UPOV, an existing variety of the same plant species or of a closely related species;
(e)
affects prior rights of third persons, if by reason of a prior right, the use of the denomination of a variety is forbidden to a person who, in accordance with the provisions of section 36, is
Plant Varieties Protection
B.L.R.O. 9/2022 31
obliged to use it, the Registrar shall require the breeder to submit another denomination for the variety.
(4)
Where a denomination for a plant variety has previously been submitted in any UPOV member other than Brunei Darussalam for the purpose of registration in that UPOV member, the denomination submitted for the purpose of an application in Brunei Darussalam in respect of that plant variety must be the same as the denomination submitted in the UPOV member.
(5)
The Registrar shall approve the denomination submitted under subsection (4) upon the grant of protection, unless the Registrar considers the denomination to be unsuitable for use within Brunei Darussalam.
(6)
Where the Registrar refuses to approve a denomination under subsection (2), (3) or (5), the Registrar shall require, and the applicant shall propose, another denomination within the prescribed period.