262 [ No. 18 of2007 s Plant Breeder Rights (a) the variety was not a new plant variety; or (b) facts exist which, if known to the Institute before the grant of that plant breeder's rights, would have resulted in the refusal of the grant. (6) The court may, where it is satisfied that a grant for revocation of a plant breeder's right exists, make an order revoking that right. (7) The court shall, where it makes an order under subsection (6), order the defendant to serve on the Registrar a copy of the order revoking that right. 40. (I) The Institute shall revoke a plant breeders rights in respect of a plant variety where(a) it is satisfied that the plant variety was not new or that facts exist which, ifknown before the grant of the plant breeder's right would have resulted in the refusal of the grant; (b) the grant of the plant breeder's right is based on incorrect information furnished by the applicant; (c) the grant of the plant breeder's right has been granted to a person who is not eligible for protection under this Act; (d) the breeder did not provide the Registrar with the information, documents or material required for registration under this Act; (e) the breeder did not provide the necessary seed or propagation material to the person to whom a compulsory licence has been issued under this Act regarding the variety in respect of which the plant breeder's right has been issued to a breeder; (J)a person to whom the plant breeder's rights are assigned or transmitted has failed to comply with the provisions of this Act; (g) the breeder has not complied with any provision of this Act; (h) the breeder has failed to provide the passport data of the parent lines from which the variety, in respect of which the plant breeder's right has been issued to a breeder, is derived; (i) the breeder has failed to comply with the directions of the Registrar issued under this Act; O)the grant of the plant breeder's right is against public interest; and (k) the breeder has not paid the prescribed annual fees. Revocation of plant breeder's right I ' "