260 [No.I8 of 2007 Plant Breeder:S Rights Payment of annual fee 35. Any holder of a plant breeder's right shall, for the duration of the plant breeder's right, pay to the Registrar the prescribed annual fee. Effect of grant on certain Centre 36. (1) Where the plant breeder's rights in respect of a plant variety have been granted to a person, another person who was entitled to make an application for that plant breeder's rights, whether or not a person who developed that variety independently of the breeder, or the successor of the other person, is not entitled to any interest in that plant breeder's rights because of the entitlement to make the application or because of the grounds of the entitlement, but nothing in this section prevents a person from applying to the Institute for the revocation of that plant breeder's rights or from instituting proceedings before a court in respect of that plant breeder's rights. (2) Where a plant breeder's rights in respect of a new plant variety are granted to a person and another person (in this paragraph referred to as the" eligible person ") is entitled, in law or in equity to make the application for the plant breeder's rights assigned to the eligible person, then the eligible person may have the plant breeders rights assigned to that person. 37. The Institute may designate a Plant Genetic Resource Centre as a centre for storage and maintenance of gerrnplasm material for the purpose of this Act. Supply of propagating material 38. (1) A plant breeder's rights in respect of a plant variety is subject to the condition that the grantee of the rights shall comply with any notice given to the grantee by the Institute. persons Plant Genetic Resource (2) Where a plant breeder's rights are granted in respect of a plant variety, the Institute may give the grantee ofthe plant breeder's rights written notice requiring the grantee, within fourteen days of the giving of the notice or any other time that is allowed, to cause a specified quantity of propagating material of that variety to be delivered, at the expense of the grantee, to a specified plant genetic resource centre or a herbarium. (3) The quantity of the propagating material of a variety specified in a notice under subsection (2) shall be the quantity that the Institute considers would be sufficient to enable that variety to be kept in existence ifthere were no other propagating material ofthat variety. (4) Where the propagating material is delivered to a plant genetic resource centre in accordance with the conditions imposed on the plant breeder's rights by subsection (1), the Institute shall, subject to subsection (6), cause that material to be stored at a specified plant genetic resource centre. I " , , ,