258 [ No. 18 of 2007 Grant of plant breeder's rights Joint holders of breeder's rights s Plant Breeder Rights 30. (I) The Institute shall grant a plant breeders rights in respect of a plant variety where it is satisfied that- (a) there is such a plant variety and the application conforms to the requirement of this Act; (b) the plant variety is a registrable plant variety within the meaning of section twenty-nine; (c) the applicant is entitled to make the application; (d) the grant of the rights to the applicant is not prohibited by this Act; (e) the rights have not been granted to another person; (f) the application is not subject to any objection; (g) there has been an earlier application for the rights that has not been withdrawn or otherwise disposed of; and (h) all fees payable under this Act in relation to the application have been paid. (2) Where the Institute is not satisfied that the conditions in subsection (1) are met, the Institute shall not grant any plant breeder's rights to the applicant. (3) The Institute shall not grant any plant breeders rights in respect of a plant variety unless a period of six months has elapsed since the publication of the application in the gazette, or if the application has been varied in any manner that the Institute considers to be significant, a period of six months has elapsed since the publication of any particulars of the variation, or of the last variation. (4) The Institute shall not refuse to grant a plant breeders rights unless it has given the applicant a reasonable opportunity to make a written submission in relation to the application. (5) Where an objection to the grant of a plant breeders rights is lodged, the Institute shall not grant the plant breeder's rights unless it gives the person who lodged the objection a reasonable opportunity to make a written submission in relation to the objection. (6) A plant breeder's rights shall be granted and issued by the Institute to the applicant in a prescribed form. (7) Where the Authority refuses to grant a plant breeders rights in respect of a plant variety, the Institute shall, within thirty days give written notice of the refusal to the applicant clearly setting out the grounds for the refusal. 31. (1) Where a plant breeder's rights over one variety is granted to a group of persons, the plant breeder's rights shall be granted to those persons jointly and the rights of each person shall be subject to any written agreement between them.

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