264
[ No. 18 oU007
Plant Breeder sRights
(4) The Registrar may, after giving public notice of the offer to
surrender and giving all interested parties an opportunity to be heard,
accept the offer and revoke the right to which the offer relates.
(5)
The Registrar shall, where the Registrar revokes any right
under subsection (4)(a) note in the Register that the right has been revoked;
(b) call upon the holder to surrender the certificate of
registration issued in tenns oftms Act; and
Transfer of
plant
breeder's
right
(e) publish the revocation of the plant breeder's right in the
Gazette.
(6) Where an action or any proceeding in respect of any plant
breeder's right is pending in a court, the Registrar shall not accept
any offer for the surrender of, or revoke, the plant breeder's right,
except by way of leave of the court or by consent of the parties to
the action or proceeding.
42. (I) A halder of a plant breeder's right who intends to
transfer the right shalla) notifY the Registrar;
(b) indicate the name and address of the person to whom the
plant breeder's right or any part thereof is a subject ofa
transfer; and
(e) furnish the Registrar with proof that a notice of a transfer
of a plant breeder's right has been served on any person
who is licenced in respect ofthat plant breeder's right.
(2) The Registrar shall, upon receipt of any notice of transfer
of any plant breeder's right, by notice in the Gazette, publish the
particulars relating to the transfer of a plant breeder's right.
PART V
LICENCES
Licensing of
plant
breeder's
rights
43. (1) A holder ofplant breeder's rights may licence the rights
to another person.
(2) An application for a licence under this section shall be
made in the prescribed manner and form.
(3) A licence shal1 contain the following information:
(a) the quantity of the propagating material of the relevant
variety to be supplied to the holder of the licence, and
the price thereof;