Protection of New Plant Varieties Act (No. 7 of 1997).

This Act provides for the protection of new varieties of plants in the Republic of Trinidad and Tobago. It is divided into XV Parts and 49 sections, i.e. Preliminary (Part I); Plant breeder's rights (II); Entitlement to protection (III); Assignment and transfer of the application or the plant breeders right (IV); Scope and duration of the breeder's right (V); Termination, annulment and forfeiture (VI); Procedures before the office (VII); Variety denomination (VIII); Examination of the application (IX); Opposition (X); Procedure in cases of requests for annulment and forfeiture (XI); Rules on proceedings before the court (XII); Appeals and Enforcement proceedings (XIII); Licenses and legal proceedings by licensee (XIV); Regulations and register (XV).
Part I lists definitions and explanations of terms used within the Act. A Plant breeders right may be granted where the variety is new, or distinct, or homogeneous, or stable and in accordance with section 23. The protection granted to a plant breeder's right expires at the end of the fifteenth year following the grant and in the case of vines, forest trees, fruit trees and ornamental trees at the end of the eighteenth calendar year (sect. 17). The holder of a plant breeder's right may grant to any person an exclusive or non-exclusive right relating to all the rights provided for under the Act (sect. 39). The Minister may make regulations for any matter to be prescribed by this Act (sect. 46). Under section 47 a register shall be maintained noting information such as the grant of a plant breeder's right, annulments or forfeiture of the right and registration of the variety denomination.