Part I Plant Varieties

Termination and suspension of plant breeders’ rights

23 Suspension.

(1)

The Controller may suspend the exercise of any plant breeders’ rights if, on application by the holder of a licence under section 17 above, he is satisfied that the holder of the rights is in breach of any obligation imposed on him by the licence.

(2)

The Controller shall terminate a suspension under subsection (1) above if, on application by the holder of the plant breeders’ rights concerned, he is satisfied that the holder is no longer in breach of the obligation whose breach led to the suspension.

(3)

Subsection (1) above is without prejudice to the remedies available to the holder of a licence under section 17 above by the taking of proceedings in any court.