WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP /N1l/TTOIP /3 
29 March 2000 
(00-1282) 
Original: English/ 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
TRINIDAD AND TOBAGO 
The present document reproduces the textl of the Protection of New Plant Varieties Act 1997, 
as notified by Trinidad and Tobago under Article 63.2 of the Agreement (see document 
IP/N/l/TTO/l ). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
TRINITE-ET-TOBAGO 
Le present document contient le textel de la Loi de 1997 sur la protection des obtentions 
vegetales, notifiee par la Trinite-et- Tobago au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/1/TTO/l ). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
TRINIDAD Y TABAGO 
En el presente documento se reproduce el textol de la Ley de Protecci6n de Obtenciones 
Vegetales, 1997, notificado por Trinidad y Tabago en virtud del parrafo 2 del articulo 63 del Acuerdo 
(vease el documento IP/N/1/TTOIl). 
I In English only'/En anglais seulement.!En ingh~s solamente. IP/N/IITTO/P/3 
Page 2 
Legal Supplementp'art A to the "Trinidad and Tobago Gazette", Vol. 36, 
No. 75, 23rd April, 1997· 
Second Session Fifth ParliamEni."t Republic of Trinidad 
and Tobago 
REPUBLIC OF TRINIDAD AND TOBAGO 
Act No. 7 of 1997 
[L.S.] 
AN ACT to provide for the protection of new varieties 
of plants and for matters incidental thereto. 
[Assented to 21st April, 1997] 
ENACTED by the Parliament of Trinidad and Tobago as follows:- Enactment 
PART I 
PRELIMINARY 
1. This Act may be cited as the Protection of New Short title 
Plant Varieties Act, 1997. Interpretation and. 2.0) ·For the purposes of this Act­
administration 
Act No. 21 oC 1996 
Chap. 4:01 "applicant" means 'theperson who has filed an 
application for the grant of a breeder's right; 
'~uthor-it:y ·of a Contracting Party" means the 
Authority. "eptrusted with the 
impieme"nta"tioh: .of the law on the 
protectio"n: o(n:ew varieties of plants for 
that Party; 
"breeder" means the person whp has bred, or 
discovered and developed, a variety; 
"Contracting Party" means " a' State other "than 
Trinidad and Tobago or intergovernmental 
organization party to the Convention; 
"Controller" means the Controller of the 
Intellectual Property Office appointed 
under section 3(2) of the Patents Act, 1996; 
"Convention" means the International 
Convention for the Protection of New 
Varieties of Plants 1978 and 1991; 
"Court" means the High Court established by 
the Supreme Court of Judicature Act; 
"holder" means the holder of a breeder's right; 
"Minister" means the Minister to whom 
responsibility for Legal Mfairs is assigned; 
"Office" means the Intellectual Property Office 
established under section 3(1) of the 
Patents Act, 1996; " 
"periodical" inel udes the Gazette, daily 
newspapers" circulating in Trinidad and 
Tobago or other publication issued by the 
Intellectual Property Office; 
"protected variety" means any variety that is 
the subject of a breeder's right; IP/N/1/TTO/P/3 
Page 3 IP/N/lITTO/P/3 
Page 4 
"Register'.~ means. the;book;,flle,-:docum·ent~·or 
. :other instrument . .in:which ;certain facts 
are required to be recorded. in. accordance 
with section .47; 
"variety" -means'a 'plan t grouping .within a 
"single botanical taXon of the lowest known 
rank, which. g~ouping, irrespective of 
'whether the conditions for the grant of a 
Breeder's J\ight'are fully met, ,can be-
(a) defined by" the expression of the 
.characteristics resulting from a 
given genotype or combination .of 
genotypes; 
(b) distinguished from .any other 
plant grouping by the· expre.ssion 
of at least one of .thesaid 
characteristics; and . 
(c) considered as a unit with regard 
to its suitability for 'being 
propagated unchanged, 
(2) For the purposes of this Act, the Office shall be 
responsible for all matters concerning· the 
administration of this Act. 
PART.II 
PLANT BREEDER'S RIGHTS 
3. Subject to this section and. any other formalTheb~er'.righta 
requirements of this Act, a right to be known as a plant 
breeder's rights shall be granted in respect of plant 
varieties of those genera or species listed ·in the 
Schedule, where the variety is-
(aj~ew; 
(b) distinct; 
(c) homogenous; 
(d) stable; and 
(e) given a variety denomination which is 
. acceptable for registration in accordance 
with section Pv.-t. IPINIl/TTO/P/3 
Page 5 
Novelty A,';(l) Subject: to:subsections .. (2) and: (3),:'a variety 
Distinctness shall be considered new" where ··the variety itself has 
not been offered for sale or marketed with the 
approval of the breeder or his' successor in title- . 
(a) in Trinidad arid Toba'go, for lon·ger·than one 
year.-before the date on which protection is 
. applied froin' under this' Act; :a~d 
'rh) abroad' for: longer than four years, before 
. ·the.effective national filing date. 
(2) In the case of vines, forest trees, fruit trees 
and ornamental trees, including their root stocks, the 
fact that the variety itself may have been offered for 
sale or marketed abroad for up to six years before the 
effective national filing date,·.shall not be considered 
detrimental to its novelty. 
(3) It shall not be considered detrimental to the 
novelty of a variety if that variety has been offered for 
sale or marketed in the country with the approval of 
its breeder or his successor in title, for up to four 
years prior to the inclusion of the genus or species to 
which the variety, belongs in the List of Genera and 
Species published pursuant to section 8 and for a 
maximum of six months after such inclusion where 
the application is filed within that six month period. 
5, (1) The variety is distinct if it is clearly 
distinguishable fr-om any other variety whose 
existence is a matter of common knowledge at the 
time of the filing of the application or where relevant, 
at the priority date identified under section 21. 
(2) Common knowledge may be established by 
reference to various factors such as the exploitation of 
the variety already in progress, grant of a breeder's 
right in the variety, entry of the variety in a' catalogue 
of varieties' admitted to trade or entry in the register 
of varieties kept by a recognised pr_ofessional 
association, or inclusion of the variety in a reference 
collection: IP/N/1/TTO/P/3 
Page 6 
(3) The filing, in any state;of an application for a 
breeder's right, or for. entry. in. a catalogue of varieties 
admitted to trade;-shall"be" deemed "to render the 
variety being. the subject of the application a matter of 
common knowledge from" the date of the .application, 
provided that the application lead~:to the grant ot the 
plant breeder's right or the entry i'n 'the catalogUe, as 
the case may be . 
. 6. The" variety shall be considered homogeneous if its Homogeneity 
plants show the same expression of the characteristics, 
subject to the variation which :may be expected in view 
of the particulal~ features of its sexual repro.duct~on, or 
vegetative pr~pagation. 
7. The variety is stable if its r~levant characteristics Stability 
remain unchanged after repeated propagation. or, in the 
case of a particular cycle of propagation, at the end of 
each such cycle. . 
8. Cl) The Minister may by Order subject toListof~neraand . " '. Species to which this subsectIOn (2), publIsh a lIst of those genera and speCIes Act applies 
to which this Act applies and may also amend such list 
by adding new genera or species to it, modifying the 
names of the genera or species already published or by 
deleting such names, with effect from any prospective 
date specified in the Orde~. 
(2) In compiling the list of genera or species, the.· 
Minister may exclude all varieties of that genus or 
species which are not characterised by a particular 
manner of reproduction or multiplication or by a 
certain end-use. 
(3) Where a genus or species is deleted from the 
list of genera and species to which this Act applies with 
effect from a given date, the deletion shall not affect the 
rights of applicants who have filed applications for the 
protection of varieties of that genus or species before· 
that date. Right to apply 
protection 
Presumption of title 
Application by 
person other than 
owner PART· In­
ENTITLEMENT TO PROTECTION IPINIlITTO/P/3 
Page 7 
9. (1) .. Subject to this' Part; the breeder of the variety' 
or his successor in title is entitled to apply for 
pro·tection.u~der this Act. 
(2) The bre.eCler or his successor in title may, .l?e a. 
natural or a lega1:persqn. 
(3): Where tWo·.or· more per'sons "have bred., or 
discovered and developed,' a variety jointly, entitlement 
to protection' shall vest in them jointly, and subject· to 
any' agreement to the contrary'between the joint 
breeders, their shares in the property of the breeder's 
rights shall be equal. 
(4) where a variety has :been bred,or discovered 
and d'eveloped,by s'everal persons independently of 
. each other, the entitlement to apply for the grant of the 
breeder's right belongs to the person who has first 
applied for protection or filed an application with an 
earlier priority date at the Office. 
(5) Where a variety has been bred or discovered 
and developed, in execution' of a commission o'r an 
employment contract, the entitlement to apply for 
protection shall belong in the absence of contractual' 
provisions' to the contrary, to the 'person who 
commissioned the work or to the employer. 
10. The applicant shall be considered entitled to 
protection, in the absence of proof to the contrary, but 
where the application is made by a successor in title, it 
shall be accompanied by sufficient proof of succession. 
11. (1) Where an application is filed by a person who 
is not entitled to protection, the person. entitled, may 
bring.an.action before the Court for the assignment of 
the application to him or if the application is' already 
granted, for the assignment of the plant breeder's right. IP/N/1/TTO/P/3 
Page 8 
(2) The action shall be':statute barred after five 
years from p~blic~tion of the grant ,of the. plant 
breeder's right, save that an action 'brought against a 
defendant who has acted in bad faith shall not be 
subject to any limitati(lll. period. 
12. (I) An application for the grant, of a plantPer80n8.ent~tledto 
b ,. h b 1 . file applications reeder s ng t may e fi ed hy the owner of the vanety 
.who is 'a-. . 
(a) national or resident of Trinidad' and 
Tobago,; . '. 
(b) 'national or resident of a Contracting :party; 
(c) national or resident of any State which, 
'without being a Contra:cting Party grants 
'reciprocity of treatment to Trinidad and 
Tobago. ' 
. (2) For the purposes of subsection (1)(b), 
"national" means where the Contracting Party is a 
State, the nationals of that State and where the 
contracting Party is an intergovernmental 
organization, the nationals of the States that are 
members of that organization. 
(3) Any person having neither residence nor 
registered office in Trinidad and Tobago may be party 
to an action instituted pursuant to this Act and.assert 
rights deriving therefrom, only if he has an agent 
resident or with an office in ~h~ cou,n~ry. ' 
(4) The Agent shall be given the power to act on 
his principal's behalf before the office and in legal 
proceedings relating to the protection of new ,:,arieties 
of plant. 
(5) For the purpose of instituting legal 
proceedings by or against any person represented in 
the manner defined in subsection (3), 'the place which 
the Office identifies as ,the address of the 
representative, 'or where there are several 
representatives, the address of, the main 
representative, or representative first designated, is 
deemed to be the place where the right in the variety is 
located. Assignment and 
transfer 
Joint applicants 
and joint holders 
of rig Ms 
Scope of the 
Breeder's Right ,PART . .IV IP/N/1/TTO/P/3 
Page 9 
AsSIGNMENT AND TRANSFER OF THE APPLICATION OR OF 
THE PLANT BREEDERS' RIGHT 
13. (1) An application for the grant of a plant and a 
plant breeder's'dght may be assigned or may otherwise 
he transferred. '. 
(2) The assIgnment or transfer shall b,e in 
writing and shall be si~ed by the par~ies. 
(3) An assignment or transfer shall be registered 
in the Register on request and on payment of the 
prescribed fee. 
(4) No assignment or transfer to a successor in 
,title shall have effect against a third party until after 
'such registration.' . 
14. (1) Where there are two or more applicants for the 
grant of a plant breeder's right or where there are two or 
more holders of such a right in any protected variety, in 
the absence of any agreement to the contrary, each 
applicant or holder may separately transfer his shares, or 
exploit the variety as the case may be, or subject to this 
Act, exclude others from exploiting it. 
(2) In the case of the grant of an exclusive licence 
however, the holders of the plant breeder's licence may 
only jointly grant an exclusive licence to a third party 
to exploit the variety. 
PART V 
SCOPE AND DURATION OF THE BREEDER'S RIGHT 
15. (1) The effect of the plant breeder's right is that 
the prior authorisation of the holder of that right shall 
be required for-
(a) the production for purposes of commercial 
marketing; 
(b) the offering for sale; or 
(e) the marketing, 
of the reproductive or vegetative propagating material, 
as such, of the variety. IP/N/lITTO/P!3 
Page 10 
(2) In,,~he case. of. an ornamental variety, prior 
author~zation o~ the holder· of that right shall also be 
required where plants of the protect~d .variety or parts 
thereof,. normally marketed for purposes other than 
propagation, are used commercially as propagating 
material in the production of ornamental plants or cut 
flower's 'of that variety .. 
(3) Authorisation by the holder of the .plant 
breeder's right shall not be required for the utilization 
of the variety protected by that right, as an initial 
source "of variation for the purpose of creating other 
varieties or for the marketing of such other varieties, 
but shall, however, be required when the repeated use 
of the variety protected by a plant breeder's right is 
necessary for the commercial production of another 
variety. 
16. (1) .The holder of a plant breeder's right shallMainten~~or 
be under an obligation to provide the Office with~~f:J:i'ng 
propagating material capable of producing plants 
which correspond to the characteristics defined for 
the variety when the right was granted, 
throughout the period for which the right is 
exercisable. 
(2) The holder of a plant breeder's right shall 
also provide the Office with all such. information and 
assistance as the Office may request for the purpose of 
ensuring that the· holder of the plant breeder's right is 
fulfilling his obligations under subsection (1), including 
facilities for the inspection by or on behalf of the Office 
of the measures taken for the maintenance of the 
variety. 
17. (1) Subject to subsection (2), the plant breeder's Periodofprotoction 
.right shall expire at the end of the eighteenth calendar 
year following the grant thereof, in respect of vines, 
forest trees, fruit trees and ornamental trees including 
in each case, their rootstocks. Renewalf~ 
Termination of 
protection 
Annulment and 
forfeiture of Rights IP/N/1/TTO/P/3 
Page 11 
.(2) Pfote·ctlOn 'for all other ·genera or species 
shall expire'~at the end of the' fifteenth year following 
the 'giant "thereof.· 
(3) Where in .the cases ·under section 4(3), the 
variety has already been··Offered for sale or marketed 
~n Trinidad 'and ropago for a period of more than one 
year before the date of the filing of the· application, 
the duration of th~·protection shall be reduced by the 
number offull-yea~s minus one year, that have 
elapsed since the beginning of the offering for sale or 
the marketing, with the approval of the breeder or 
his successor in title, before the filing of the 
application. 
18~ The holder shall pay an annual fee .for the 
whole period of protection which fee shall fall due at 
the beginning of the calendar year to which it relates 
and shall be payable by 31st January of each year. 
PART VI 
TERMINATION, ANNULMENT AND FORFEITURE 
19. (1) The plant breeder's right shall terminate 
before the term expires where the holder of that 
right renounces it by written declaration addressed 
to ,Office. The date of term~.n8:ti,<?n qp.all be that· 
specified, in the declaration or, . .if.none)s-.~pecified, 
the date on which the declaration is received by the 
office. 
(2) The Controller shall declare a plant 
breeder's right null and void at the request of any 
person, where it is established that-
(a) the variety is not new or distinct within 
the meaning of, and on applicable dates 
referred to in sections 4 and 5; or 
(bJ the holder of the right is not the owner of 
the variety. IP/N/1/TTO/P/3 
Page 12 
. (3) The request Jor·the annulment of the plant 
breeder's right shall be addressed to the Office save, 
however, that where the prescribed fee is not" paid 
. within three ·mon ths after the request has" been 
filed, that request shall be deemed never to have 
been filed" 
(4) The Controller shall declare the plan"t 
breeder's right forfeit where the holder of the right~ 
(a) is "no longer in a 'position to provide the 
. Office on request with the propagating 
material capable of producing plants which 
correspond to the characteristics defined for 
the variety when the right was granted; . 
" ., 
(b) does not fulfil his obligation under section 
,~(2);and . 
~{1.. (c) does not pay the renewal fee that is due, 
having been reminded to do so by' the 
Office, and after three months have elapsed 
since the date of the reminder. 
, (5) An appeal shall lie to the Court against any 
decision of the Office under this section. 
(6) A licence agreement made under this Acf, 
becomes ineffective if the plant breeder's right under 
which it was granted is declared null and . .void, or 
forfeit, save however that no payment' of '·any royalty 
which was due before the dat'e of annulment or 
forfeiture can be demanded by the licensee in view of 
that annulment or forfeiture. 
PART VII 
PROCEDURES BEFORE THE OFFICE 
20. (1) An applicant for the protection of a variety Application 
shall file an application with the Office in the 
prescribed form and the application fee shall be paid at 
the same time. Priority 
Document. and 
material to be 
furnished for 
priority (2)'The application -form shall be' accompanied by 
the technical' questionnaire . in the .prescribed form, for 
the relevan't genus or species, which shall be completed 
by the applicant to the best of his knowledge. 
(3) At 'the reguest o'f the Office, the applicant 
\ ~ . . shall submit the, amount of propagating'material IP/N/lITTO/P/3 
Page 13 
determinea by it, on the·. date and at the place fixed by 
the Office. 
(4) Every application received by the Office and 
completed in .accordance with this section, shall be 
published in a periodical, including the.,date of filing, 
the name and address of Jhe applicant and the original 
breeder, th~-yarie~y denomination proposed under 
section 24 and the main characteristics of the variety 
as indicated in the application. 
(5). The rejection or withdrawal of an application 
shall also be published in a periodical. 
21. (1) The applicant may avail himself of the 
priority of an earlier application (hereinafter referred 
to as the "right of priority") that has been duly filed for 
the same variety, by himself or by his predecessor in 
title, with the Authority of a Contracting :rarty. 
(2) Where the application filed 'with the Office is 
preceded by several applications, priority .may be based 
only on the earliest application. 
(3) The right of priority shall be expre~sly 
claimed in the application filed with the Office and may 
only be claimed within a period of twelve months from 
the date of filing of the earliest application, but the day 
of filing shall not be included in the said period. 
2.2. (1) In order to avail himself of the right of 
priority, the applicant shall submit to the Office, within 
three months from filing the application in .Trinidad 
and Tobago, a copy of the documents that constitute the 
earlier application, certified to be a true copy by' the 
Authority with which that application was filed. IPINIl/TTO/P/3 
Page 14 
. (2) The Office··may. request~ that a trar{slation of 
the earlier application;' be produced ·within._three 
months from the date of receipt of the request.· 
(3) The effect of the right of priority 'shall be 
that,' with respect. to the. conditions of protection 
attached to the variety, the application shall be deemed 
to have been' filed at "the date of the filing of the earlier 
application." 
(4) The applicant shallbe entitled to declare that 
he 'will submit the 'materialmentioned in section 20(3) 
or any additional documents' required by the Office at a 
later date, but no later than four years after the end of 
the priority 'period," unless the earlier application 
mentioned in subs'ection (1), has been withdrawnin the 
country in which .it wa~ filed or has been rejected there. 
(5) If any of the provisions of this section are not 
complied with, the application shall be dealt with as if 
no priority had been claimed. 
23. Every application and _all other supportingApp~cationtobein 
documents shall be submitted in the English language. English 
.. PART. VIII 
VARIETY DENOMINATION 
24. (1) The applicant for a plant breeder's rightAPplica.tionand 
must, within three months after the filing of thee~urefor 
application, propose in accordance with subsection (4), denomination 
a variety denomination, which should be made on the 
form issued by the Office for that purpose. 
(2) A vari~ty denomination may consist of one 
word,combination of words subject to a maximum of 
three, combination of words and figures, of words and 
letters or of letters and figures, but shall not consist 
wholly of figures save however that in a word/figure 
combination, the figures shall have a meaning in 
relation tb the words. . (3):.N 0 persons~all . use .asa· variety 
denomination a designation which-
(a) does not enable the variety to be identified; 
(b) is ·liable to mislead a· person of average 
attentiveness ·or to cause· confusion· 
co'ri·cerning.,. the. origin, .. de~ivation, 
ch~racteristics, :value or· iqentity of the 
variety, or the identity of the breeder; 
(c) is identical.or can be confused with a 
variety denomination which in the country 
.or in another State'party to the Conventi6n 
designates an existing variety ·ofthe same 
or of a related .botanical species', save 
'however • tha·t . the denomination is 
admissible, if the other variety is' not 
. registered and has not been grown for some 
considerable time; 
(d) is identical or' can be confused with a 
designation in which a third party enjoys a 
prior right which would prohibit the use of 
the designation as a variety denoI11ination; 
(e) is contrary to public policy or morality; 
(f) refers solely to attributes which are also 
common in other varieties of the species 
concerned;. 
(g) consists of a botanical or common name of a 
genus or. species, or includes such a name, 
where this is likely to mislead or cause 
c.onfusion; 
(h) suggests that the variety is derived from or 
related to another variety when this is not 
the case; 
(i) includes words such as "variety", «cultivar", 
"form",. "hybrid", ((cross" or translation of 
such words; 
0) is, for reasons other than those" mentioned 
above, not suitable as a generic designation 
of the v.ariety. IP/N/l/TTO/P/3 
Page 15 IP/N/lITTO/P/3 
Page 16 
(4) Where' a variety is already>protected,by a 
contracting-party or ,where an:application (or. the 
protection of the same variety is, filed in such State, 
only ~he'variety denominat'ion which has been 
proposed or registered. in that. other State, may be 
proposed and registered and the Controller shall 
not register any other . designalion as a 
denomination for the variety, save however, that 
where the variety denomination' used in the other 
State, is iI~appr'opriate for lingUistic reasons, ~r for 
any of the reasons mentioned in the preceding 
paragraph, the applicant may be requested to 
propose another variety denomination'. 
25. The Controller shall publish in a periodical Publication 
the variety denominations which have been 
proposed to it or registered or cancelled by it. 
26. (1) Any person who offers for sale or markets Use of the variety 
prop agating material of a variety protected in denomination 
Trinidad and Tobago shall, even after the 
expiration of the protection, use the registered 
variety denomination in so far as prior rights do not 
prevent such use. 
(2) When a protected variety is offered for 
sale or marketed, a trademark, trade name or other 
similar indication may be: associated with the 
registered variety denoinination:provided ,that the 
denomination is easily recognizable. 
(3) The holder of a plant breeder's right may 
not invoke any trademark, trade name or other 
right in his possession against a variety 
denomination legitimately used in the offering for 
sale or marketing of the variety by another person, 
even after the expiration of the protection. 
27. Prior rights of third parties in a designationPriorrightaofthiro 
partiec are not affected by this Act. Cancellation of a 
regietered variety 
denomination IP/N/1/TTO/P/3 
Page 17 
28. '(1) The' Controller 'shall cancel any ,registered 
variety denomination at the' request of-, 
'(a) a~y person' o~' on his own initiative,--if 
the denomination should not have been 
registered or if subsequently,;'facts 
become known which would"have 
justified the' rejection of the 
depomination; 
(b) the hold'er of the plant breeder's nght or 
of a third person, if a final court decision 
is delivered according'to which the 
variety denomination must be cancelled 
or if it is established that a third-party 
right exists in the denomination and the 
holder of the plant breeder's right agrees 
to the cancellation; 
(c) a person who is obliged to use the 
variety denomination under section 
26(1), if he is prohibited by a final court 
decision from using that denomination, 
provided that the holder of the plant 
breeder's right had participated or had 
been given the possibility to participate 
in the court proceedings. ' 
(2) In the case of the cancellation of the 
variety. den{)miriati'on, the ,Office shall request 
the holder'~of 'a' plapt breeder's right to submit, 
within an 'ap pro p ri ate period fixed by it, a 
proposal for a new variety denomination, which 
shall be registered if it is considered admissible 
for that Office but where the proposal is not 
acceptable, the request for submission shall be 
repeated. 
(3) The Office shall establish, at the request 
of the holder or a third person, 'a provisional 
variety denomination where the holder 'or the third 
person demonstrates a legitimate interest. IPIN/1/TTO/P/3 
Page 18 
(4) ',Where, after ,the period:Jor',submitting a 
proposal' for a new variety denomination has expired, 
the holder of the plant breeder~s right has ,not 
submitted the requested proposal, the Office, may 
establish on its own initiative, a provisional variety or 
permanent variety denomination. 
29. The filing date of the application is: fixed byFilingdate 
the Office as, the day on which the application form 
and the technical questionnaire,: duly completed, 
are, received. 
PART IX 
EXAMINATION OF THE ApPLICATION 
30. (1) The Controller shall examine whether theFonnalexaminati(JO 
1· t' d . t t . d ", t . of application; app lca IOn an 1 s suppor Ing ocuments con alnconsequencesof 
all indications required under this Act and whetherderect8 
the required amount of propagating material has 
been submitted on the due date and at the proper 
place'. 
(2) Where any of the requirements under, 
subsection (1) has not been complied with, the 
application for, the gr,ant ,of a plant breeder's right, 
shall be rejected, unless'the Controller grants to the' 
applica'nt a further 'period to complete the' 
application or to submit the propagating material, 
but no such further period may be granted which 
will expire later than three months after the 
application date or the date fixed for submission of 
the material as the case may be. 
31. (1), The Controller shall examine the variety Examination of 
" d . h h . f 1 f"ll h d' . fnovelty, distinctnesa, to etermIne w et er It u I s t e con ItlOns 0 homogeneity and 
novelty and where that condition is not fulfilled, stability 
the Controller shall reject the, application. ,(2)-The Controller shall invite the 'applicarit, on a 
date: flxed;by hEn ',bMorethe. beginning :of each .year: o~ 
testing period,' to pay the prescribed fee, for that year or 
testing, period and failure to ,do ,so, ,shall cause' th~ 
app~icat~on tO,be rejected .. ' 
(3) The Controller 'shall, after 'having, received 
the testing fee fo'r the first year or for the first testing 
p,eriod, :examine,whether. the 'variety"Julfills'the 
conditions of distinctness; homogeneity and stability. 
(4) :Where'the ,Controlle'r determines,that it is 
expedient to do so, he may arrange to haVe: the 
examination done by another national or foreign 
governmental authority .. and.shall base his decision on 
the results of that examinaticin. 
(5) The Controller may treat examination results 
obtained from, and expert opinions given by foreign 
'governmental institutions, as results obtained from and 
opinIons given by the Controller himself. 
(6) Subject to section 22(4), the Controller 'may 
where 'n~cessary for th'e' examin'atio'n,request the 
appli~ant' to submit additional m'aterial o'r documents 
within the period fixed by the Controller and where the 
applicant fails to,do ,so, without giving valid reasons for 
such failure, the application,shall be rejected. 
(7) Where the' examination sho;ws .that ,the 
application' satlsfies, the;. conditions of noyelty, 
distinctness, homogeneity, and stability and that the 
proposed denomination of the variety can be registered, 
the Controller'shall grant a plant breeder's right. 
(8) Where the"examination shows that the 
variety is neither distinct, homogenous nor stable, the 
Contr'oller shall reject the application:, 
(9) Where the examination shows that the 
proposed denomiriation of the variety cannot be 
registered, the Controller shall request'the applicant to 
submit another denomination within a period fixed by 
him, failing which th,e application shall be rejeCted. IP/N/lITTO/P/3 
Page 19 IP/N/lITTO/P/3 
Page 20 
,(10).Where:.-the: decision) to: grant a' plant 
breeder's right or to reflect" an application is made/such 
decision shall be published 'in: a, periodical. . 
PART X 
OPPOSITION' 
32. (1) Within three months after the date of Opposition 
publication in a periodical any person may file an 
opposition against the grant of the right on payment of 
the prescribed fee. 
(2) The opposition shall be based on the following 
grounds, namely that: 
(a) the apP,licant'is not the owner of'the 
. variety; 
(6) the varietty is not new or distinct at the 
pertinent dates in accordance with sections 
4, 5 and 22(3); 
(c) it is neither homogenous nor stable; 
(d) the variety denomination that the office 
intends to register is inadmissible. 
(3) Where the opposition is ju'stified the decision 
that a plant breeder's, r~ght·,is' to be' granted shall, 
subject to subsection (5), be, revoked and the application 
rejected. 
(4) Where the opposition is not justified, it shall 
be rejected. 
(5) Where the opposition based on the claim that 
the variety denomination is inadmissiole is justified, 
the. Controller shall revoke the decision that a plant 
breeder's right is to be granted and reopen the granting 
procedure by requesting the applicant to' submit 
another, denomination, failing which the application 
shall be rej ected. Procedure in C8J!e8 of 
requests for 
annulment (6) Where, no opposition is, filed.: within '.8. period 
mentioned in subseCtion .(1): or· if all oppositions' filed 
within that period.have:been rejected, the .Controller 
shall grant the plant bre'eder's right and register the 
variety denomination. 
(7) The grp.nt of.a plant breeder's right shall be 
published'in a periodical. 
PART XT· 
PROCEDURE IN CASES OF REQUESTS FOR ANNULMENT 
AND FORFEITURE. 
33. (1) A r.equest for annulment of a plant breeder's 
right may be filed by any person and shall not be 
deemed to have been filed unless the fee' prescribed is 
paid. 
(2) A request shall be filed in a written reasoned 
statement and it may be filed even after the plant 
breeder's right has expired. 
(3) The request may ·not· be filed during the 
period within which an appeal may still be made 
against the grant of the plant breeder's right or while 
proceedings on: such. appeal are still periding befox:e .the 
Court. . . 
(4) The Controller shall declare the request 
inadmissible if it is not accompanied by a reasoned 
statement, or if it was filed during the period within 
which an appeal could still be made against the grant 
of the plant breeder's right, or while proceedings on 
such .an ap:peal are still pending before the Court. 
(5) If the request is admissible, the Controller 
shall hear the holder of the plant .breeder's right and 
may obtain any. other evidence and shall conduct the 
hearing on his own initiative; he shall continue the 
hearing if the request for the annulment is withdrawn. IP/N/lITTO/P/3 
Page 21 IPIN/1/TTO/P/3 
Page 22 
Proceedings before 
theomce PART.:XII 
RULES ON THE PROCEEDINGS BEFORE THE UFFICE 
35. (1) .The· Office may in any proceedings under tp.is 
Act, conduct an oral hearing. 
(2) Hearings in proceedin.gs concerning the 
asslgllirtenf cif an" application, the: transfer'-oC a plant 
breeder's right 'o'r' 'the annulment"'or forfeiture of such 
right shall be public, unless the legitimate interests of 
any person might be prejudiced thereby, 
(3) In proceedings before the Office evidence may 
be obtained either by hearing any of the parties to the 
proceedings or -experts or witne'sses' or 'by requesting 
the competent court of the country' of residence of the 
person concerned to take such evidence, . 
(4) Evidence may also be obtained by requesting 
the_submission of documents and, other information by, 
or in the possession of any party in the proceedings, or 
information from another government authority, an 
expert opinion, by jnspecting the installations of any 
party to the' proceedings with that party's consent, or 
by requesting the submission of a' sworn statement in 
writing by any party to the proceedings or by' any 
witness or expert. 
(5) A decision of the Controllerrriay be based 
only on grounds or evidence on which anf party 'to the 
proceedings whose rights are affected by that decision 
has had an opportunity to submit his comments. 
(6) Facts or evidence which are not submitted in 
due time by any of the parties to the proceedings may 
be disregarded by the 0 ffice. 
(7) Unless stated to the contrary in this Act, the 
Office may commence the necessary investigations on 
its own motion and in these investigations,'"it shall not 
be .restricted to the facts, evidence and arguments 
provided by any of the parties to the proceedings. IP/N/IITTO/P/3 
Page 23 
(8) Any person :may ;submif observations or 
suggestions to the Office concerning any;proceedings 
pending before the Office, but that person shall not 
become a party to those proceedings by the mere fact of 
such ,submission. , " 
(9) Observations and suggestIOns thus submitted 
shall be communicated'to the applicant or the holder of 
the plant breeder's right as the case may be., 
'(10) The' Controller shall confirm the receipt 'of 
such observations or suggestions 'but need not inform 
the person having submitted them of any steps taken 
by it or of its opinion on the observations or, suggestions 
submitted. , , ' 
(11)-The Controller shall apply the s'ame rules of 
procedtlre ,estab~ished for the hearing of an application 
under., the Patents Act, 1996 to th'e hearing of an 
application 'under this Act, 'with such adaptations as 
may be necessary. ' 
PART XIII 
,ApPEALS AND ENFORCEMENT PROCEEDINGS . , , 
,36. (1) An appeal shall lie to the Court against any Appeal 
decision of the Controller by which-
(a) an application for the grant of a plant 
breeder's right was rejected; 
(b) a plant breeder's right is granted; 
(e) a plant breeder's right is declared null and 
void or forfeit; 
(d) an opposition is rejected; or 
(e) a request to have the' plant breeder's right 
declared null and void is rejected. 
(2) An appeal shall also lie to the Court against 
any decision of the Controller by which-
(a) a proposal for registration of a variety 
denomination is rejected; 
(b) the decision that a plant breeder's right is 
to be granted is revoked for inadmissibility 
, of the variety denomination and the' 
granting procedure is reopened; IP/N/lITTO/P/3 
Page 24 
(c) a variety .deno~ination ',is registered or 
,cancelled; . 
(d)·the : submission .. of a new 'variety 
denomination is requested; or' , 
(e) a new variety denominati?nis registered . 
. (3) An app,eal shall also lie to 'the Court' against 
any decision of ,the Controller· concernin.g' a compulsory 
licence, a licente of right' or a'ny application for the 
grant of a compulsory' licence. 
(4) The appeal may be filed by any person 
aggrieved by the decision of the Controller .. 
(5) The appeal shall be filed within three months 
after, notice of the decision against which the appeal is 
made has been served onthat person or,'\vhere no'such 
service of notice has taken place, withiri three months 
after the publication of the decision in the periodical. 
Civil proceedings 37. (1) Subject to this Act, infringements of the right 
of the holder of a plant breeder's right shall be 
auctionable in the Court at the suit of the holder of that 
right and in any action for such an infringement all 
such relief by way of damages, injunction, accounts. or 
otherwise shall be available in any corresponding 
proceedings in respect of infripgemen ts of other 
proprietary rights. 
(2) The :Co\irt ,sl},all have the authority-
(a) to grant injunctions',to prohibit the 
committing, or continuation of committing, 
of an infringement of the holder of the plant 
breeder's right, pursuant to section 15; 
(6) to order the forfeiture, seizure and 
destruction of propagating material which 
has been produced in contravention of a 
plant breeder's right; . 
(c) to fix the amount of damages taking into 
. account the pecuniary and nonpecuniary 
loss suffered by the holder of the plant 
breeder's right. (3) Where;the person:alleged,to.have.infringed a 
right did not know or could not reasonably be expected 
to know. that .he was engaged in activity, that infringed 
a right the C~:>urt'may limit damages to.the profits 
attributable to the infringement. 
(4) The: Court shall not, in respect of. th.e .same 
infringement,. both award ~hehold~r .of t.h_e .pJant 
b~eeder's right damages and order that he be given .an 
account of profits. . IPINIlITTO/P/3 
Page 25 
38 .. (1) Any person who willfully offers for sale orCrimin&!liabilityfor 
k t t· t· I' f . t t t d· non complia.nce or ·mar e s propaga mg ma ena 0 a vane y pro ec e In misuse of variety 
Trinidad' and Tobago without using the registered variety denomination 
denomination, commits an offence and on summary 
conviction shall be liable to a fme of ten thousand dollars; 
(2) Any person who willfully makes use of the 
registered variety denomination of'a variety protected 
in Tri'nidad and Tobago, or a denomination likely to 
cause confusion therewith, or another variety of the 
same botanical or a related species commits an offence 
and on summary conviction 'shall be liable to a fine of 
ten thousand dollars. 
PART XIV 
LICENSES AND LEGAL PROCEEDINGS BY LICENSEE 
39. (1) The applicant for or the holder of. a ,plant Licence contracta 
breeder's right may grant to any person an exclusive or 
a non-exclusive licence relating to all or any of the 
rights provided for under this Act. . . 
(2) The licence contract shall be in writing and 
shall require the signatures of the parties thereto. 
(3) A licence contract shall be registered at the 
Office on request and on payment of the prescribed fee, 
but the licence shall have no effect against a third 
party until after its registration. ' 
(4) The grant of an exclusive licence shall be 
published' in a periodical. IP/N/1/TTO/P/3 
Page 26 
Rightaoflicen80rto ;.40.~:In,the absenc'e_of:any~'provision to the contrary in 
grant further 'h l' ,: ' h' -f 1" : h 11' lic.:nce8ortoexpioit t e ': lcence 'contractrt e,.grant' 0 a lcence s a:not 
the variety prevent the licensor from granting further"licences to 
third parties or from exploiting the var~ety hi~self.,' , 
Non-aasign8biJityof 41. 'In:the, ahsenceof"provisions to'the contrary in licences • , . 
Certain 'c1ause8 iri' 
contract void' 
Licencee of Right the liceri'ce 'contta:s:t; 'rights 'granted therein "shall not be 
assignable- to' a' third 'p'arty :by the licemse'e,: who : shall 
not be entitled to grant a sub-licence, . '. 
42.'~A clause,in a licence pontract or r~lating to ~such 
a contract ,shall be null ,and void, in so far 'as.it imposes 
'Y-pon :the: licensee" restrictions· that. do not ;derive, from 
the' rights.conferred by_the plant breeder's. right or' are 
~nne~es~ary for the safeguarding of the right. 
43. (1) -Any holder' of a plant breeder's right or' ariy 
applicant for the 'grant of a plant breeder's right may 
.declare that any person: prepared to·'Pay·a.-royaltj is 
entitled to use his variety, as from the date 'on which he 
has informed the holder or applicant accordingly, 
(2) The declaration ,shall be addressed to the 
Office and a remark to that effect shall be entered in 
the Register. " 
, (3) The royalty payable by the licensee of right 
shall' be stated in the declaration to which subsection 
(i) refers,',.and shall al~q be entered in the, R,egister, . 
(4) After the entry in'the Register, the holder of 
the plant breeder's right shall pay only half of the 
prescribed renewal fees, 
(5) Where all beneficiaries agree, the Office may 
cancel the entry under subsection (2), at the request of 
the holder of the plant bre~der's right. 
(6) An 'appeal shall lie to the Court· against any 
refusal to cancel the entry under subsection (2). ' IP/N/1/TTO/P/3 
Page 27 
.44.:·;(1) At;.any, time after the~expir'ation'of three CompulaoryLicencea 
years from·.the-date of grant of a: plant: breeder's right 
under. this: Act, . any-person interested ·may· apply to the 
'Court' for the grant of, acomp.ulsory.licence, in respect 
of .any· plant ,breeder's right on ·the:.gr6und that it is 
necessary .. to.safeguard the public::interest in Trinidad 
and Tobago .. 
(2t S~?ject .to subsecHons, (4f{5) arid (6), where 
the' Cou'r~ is ··satisfi~q. .that ,the gro-und referred to in 
subsection (1) is established, the Co'ud may make an - . ~ , . \ : 'Order for the grant of'tpe .1ic~nce·.iri~~accordance with 
the application on such terms as it thinks fit. 
, (3)' A licence . granted 'under this section, shall 
confer on the owner the non-exclusive' right. to perform 
all or' any of the activities referred to in section 15. 
'(4) Any person to whom a licence IS grantesl 
under this section shall pay such remuneration to the 
licensor as may be agreed, or' as may be determined by a method agreed upon between that person arid the 
licensor, or' in' the d'efault of 'agreeme'nt;" :as is 
determined by' the Court on the application of either 
party. 
(5) The Court may require the holder or tne plant 
breeder's right to hold available for the owner of the 
compulsory licence; the amount of propagating material 
necessary for making reasonable use of the compulsory 
licence, against· payment· of adequate" remuneration to 
the holder of the right and under conditionswhicl). are 
economically acceptable to him. . . 
(6) A licence shall not be granted under this 
section unless-
(aJ-the applicant for the licence is financially 
able and otherwise in a 'position to exploit 
. the plant breeder's right in a competent 
and' business like manner,' and ·must:he 
prepared to do so; IP/NI1 ITTO/P/3 
Page 28 
(b) the'holder;of the~plant:breeder~s 'right-,has 
, refused' to 'permit the applicant 'for~the 
licence to:produce~or' market propagating 
material 'of the 'protected variety,in a manner 
sufficj~n~ for the needs of the general public 
as-referred to in subsection (1) above or· is not 
prepared t~ give such permission',under 
, reasol1able terms; 
(C)' no conditions exist under: which the holder 
of the' .plant pree'der's right cannot .be 
e~pected to permit,the use 'of his ·yariety.in 
the m~~.ner~requested; , 
(d) 'the' applicant for the comp'ulsory licence has 
paid the prescribed fee for the grant· of such 
licence.', . 
(7) The duration of" the licence'"shall be fIxed by 
the Court and shall not, except under extraordinary 
circumstances, be granted for less than two 'or for more 
than four. years but the period may be extended if the 
Court is satisfied, on the basis' of a new application, 
that the conditions for granting a compulsory licence 
continue' to eXist after the expiration 'of the first period. .. .. . 
(8) Before granting a compulsory licence, the Court 
may hear the national non-governmental organizations in 
the fIeld .of plant breeding and the seed trade. 
(9) Where the Court is satisfied that the grounds 
on which' any licence granted under this section have 
ceased :to ,~xist. or that its own'er has.failed to comply 
with the conditions under'which it was granted, it may, 
on the application of any int~rested party,' terminate 
such licence. 
LegalproceedingBby 45. (1) Any licensee under a contractual or 
lice~ compulsory, licence or a licensee of right may, by 
registered letter, require the licensor to inst~,tute legal 
action necessary to obtain civil remedies or criminal 
penalties, in respect of any infringement of the plant 
breeder's right indicated by the licensee. ~(2) Where: the ..licensor: refuses' or' neglects to 
institute the 'said ,legal action. within three months 
after, the request has ,been made; :the :licensee may 
institute-such action.in his,.own name, without 
prejudice to, the right of, th~ lic~ns~r to -intervene in 
such actions. 
PART'XV' 
REGULATIONS AND REGISTER IPINIlITTO/P/3 
Page 29 
46. The Minister 'may make regulations for any Regulations 
matter required to be prescribed by this Act, in 
addition,to the followiJ;lg matt~rs: 
(a) the procedure 'of the Office in respect of the 
receiving and handling of applications;'the 
conduct of the examination of varieties and 
of variety denominations, the handling of 
opposition, ,the gr'ant of plant breeder's 
rights, and the rejection of applications; 
(b) the annulment or forfeiture of plant 
bre,eder's 'rights; the' assignment of an 
application or the transfer of a plant 
breeder's right to the owner of" the variety 
an,d ' the" cancepat'io~of variety 
denominations; 
(c) the main'tenance and conservation of 
s'amples, the' cooperatfon with germ-plasm 
banks or other instit"uti'ons for the 
conservation of genetic material; 
(d) the establishing arid'maintenance of a 
plant variety register' and th~ recei;in:g 
and, riling of any documents concerning 
plant breeder's' rights; , . 
(e) the amounts and the collection of alL fees 
provided for under this .Act; IPIN/1/TTO/PI1 
Page 30 
(f) :the making. oLadditional rules "to prevent 
the: use. of "the same' ;orconfusing 
denominations .for mor.e than: one variety 
'and to regulate the. relationship between 
.variety denominations and trademark~' ~ 
(g) the administration of the"Re'gi"st"er 
'provided for under section 47 including 
the de t e r m'i n at ion 0 f the fa c t s to b e 
recisterpr1· 
(h) any other matters relating· to the 
administration of this Act. 
Regi3ter 47. (1) The Office 'shalr have' a l~egisfe-r;·\to be 
Examination of 
Regi.8t<lr 
Commencement known as .. the Register of Plant Breeders' .Rights in 
which theJollow.ing shall pe elft.ered:·: 
(a) any granf6f a plant'breeder's right; 
, . 
(b) any ch8:nge ,in the holder or that right; 
(c) any annulment or forfeiture'of the right; 
. . 
(d)'any :submissionj registr'ati6n;~ change or 
cancellation of the variety denomination; 
(e) any licence 01 ,ngh t .. or.compulsory 
lic'ence granted, with an' indication of the 
conditions of such licences; and 
, . 
(f)' the conclusion of, any llcence contract 'at 
the request of ,one of the part'ies to such 
~on'tract. . 
48. A person who has paid the pres.cribed fee, is 
entitled during normal bu'siness hours; to examine 
th~"Register kept in accordance with, section 47, and 
to make copies of or extracts from' the information 
contained therein. 
49. This Act shall 'commence on a-date to be 
proclaimed by the President. 