Section 50
Notice of seizure
of Plant Varieties Protection Act
(1)
As soon as is practicable after the goods are seized under section 47, the Controller shall give to the importer and the objector, either personally or by post, a written notice identifying the goods and stating that they have been seized.
(2)
A notice under subsection (1) shall state that the goods will be released to the importer unless —
(a)
an infringement action in respect of the goods is instituted by the objector within a specified period from the day specified in the notice; and
(b)
the objector gives written notice to the Controller within that period stating that the infringement action has been instituted.
Plant Varieties Protection
B.L.R.O. 9/2022 39
(3)
The period to be specified for the purpose of subsection (2)(a) is the period prescribed for the purposes of that paragraph.
(4)
The day specified for the purposes of subsection (2)(a) shall not be earlier than the day on which the notice is given.
(5)
The objector may, by written notice given to the Controller before the end of the period specified in a notice for the purposes of subsection (2)(a) (the initial period), request that the period be extended.
(6)
Subject to subsection (7), if —
(a)
a request is made in accordance with subsection (5); and
(b)
the Controller is satisfied that it is reasonable that the request be granted, the Controller may extend the initial period by such period as is prescribed.
(7)
A decision on a request made in accordance with subsection (5)
must be made within 2 working days after the request is made, but such a decision cannot be made after the end of the initial period to which the request relates.