251. Circumstances in which rights may be declared null and void.

The Controller of Plant Variety Rights1 must declare the grant of plant breeders' rights2 null and void if it is established that:

  1.  

    (1)     the protected variety3 was neither distinct nor new4 when the rights were granted5;

  2.  

    (2)     in a case where the grant of the rights was essentially based upon information and documents furnished by the applicant, the protected variety was neither uniform nor stable6 when the rights were granted7; or

  3.  

    (3)     the person to whom the rights were granted was not the person entitled to the grant of the rights and the rights have not subsequently been transferred

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