PLANT VARIETY PROTECTION No. 82
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REPUBLIC OF SOUTH AFRICA
Plant Breeders’ Rights Act No. 15 of 19761
(Assented to 15 March, 1976)
(Date of Commencement: 1 November 1977)
(English text signed by the State President)
as amended by
Plant Breeders’ Rights Amendment Act, No. 5 of 1980
Plant Breeders’ Rights Amendment Act, No. 14 of 1981
Plant Breeders’ Rights Amendment Act, No. 38 of 1983
Transfer of Powers and Duties of the State President Act, No. 97 of 1986
Plant Breeders’ Rights Amendment Act, No. 15 of 19962
---------------ACT
To provide for a system whereunder plant breeders’
rights relating to varieties of certain kinds of plants may
be granted and registered; for the requirements which
have to be complied with for the grant of such rights; for
the protection of such rights and the grant of licences in
respect of the exercise thereof; and to provide for incidental matters.
Section 1
Definitions
In this Act, unless the context indicates otherwise“advertise” means to distribute to members of the
public or to bring to their notice in any manner whatsoever any written, illustrated, visual or other descriptive material, oral statements, communication,
representation or reference with the intention to promote the sale of any plants or any propagating material of a variety referred to in section 2 or to encourage the use thereof or to draw attention to the nature,
properties, advantages or uses thereof or to the manner in which or the conditions on which it may be
purchased or otherwise be acquired;
“agent” means a person, resident in the Republic,
who has been duly authorized by an applicant,
breeder or holder to act on his behalf in connection
1
2
with any matter regarding this Act, who is for such
purpose recognized by the registrar in the prescribed
manner if he complies with the prescribed requirements and in respect of whom the registrar has not
been notified in the prescribed manner that such
authorization has been terminated;
“agreement country” means a country, including any
colony, protectorate or territory subject to the authority or under the suzerainty of any other country and
any territory over which a mandate or trusteeship is
exercised, which the State President by proclamation
in the Gazette declares to be an agreement country
with a view to the fulfillment of a bilateral agreement
concerning plant breeders’ rights between the Republic and such country;
“applicant” means a person referred to in section 6
who applies in terms of section 7 for a plant breeders’
right;
“board” means the board referred to in section 42;
“breeder” in relation to a variety referred to in section 2, means
(a) the person who bred, or discovered an developed
the variety;
Consolidated text kindly supplied by the authorities of the Republic of South Africa.
Published in the Government Gazette of the Republic of South Africa, Vol. 370, No. 17138, of April 19, 1996.
Act - page 1
SOUTH AFRICA