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PLANT VARIETIES ACT OF BANGLADESH - Farmers' Rights website

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7. If the National Biodiversity Authority decides that the opponent is entitled to apply<br />

instead of the original applicant, the application will be abandoned without prejudice<br />

to the right of the applicant to go to Court.<br />

8. After the determination that the opponent is entitled to apply the opponent may<br />

proceed to do so in accordance with this Act.<br />

9. If the Notice of Opposition is rejected it shall be deemed as abandoned and the<br />

application shall prevail, without prejudice to the opponent's right to take the matter to<br />

the Court.<br />

10. If the applicant still remains eligible for Plant Protection Registration, National<br />

Biodiversity Award or Commercial Permit the National Biodiversity Authority shall<br />

recommend and approve the application. The approved application for Plant<br />

Protection Registration shall be submitted to the Parliament for proclamation.<br />

11. The recommendation for Plant Protection Registration for the New Plant Variety<br />

and Commercial Permit for propagation materials shall require a payment of a grant<br />

fee to be determined by the National Biodiversity Authority.<br />

12. If the grant fee is not paid within the stipulated days, not more than 90 days, or as<br />

determined by National Biodiversity Authority, the application shall be deemed<br />

abandoned.<br />

Article 16<br />

Period of Plant Protection<br />

1. The highest period of protection or commercial privileges for the new plant variety,<br />

shall be<br />

(a) 7 years for annuals<br />

(b) 10 years for BI-annuals<br />

(c) 15 years for perennials<br />

(d) 25 years for woody plants, utilizing timber<br />

The period shall be calculated from the date of receiving the New Plant Variety<br />

Certificate.<br />

Article 17<br />

Citation of Award for<br />

New Plant Variety<br />

1. Citation of Award shall constitute one of the forms of National Biodiversity awards<br />

for New Plant Variety and shall be administered by the National Biodiversity<br />

Authority to encourage and recognize the contribution of Communities, or individual<br />

human agency identified and recognized by the Community/ies, in accordance with<br />

the Procedures for Application (Article 12) stipulated by this Act.

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