oftime referred to in that subsection.
(4) If an application, in any country, for the grant ofa plant breeder's right in respect of or for the
entering in the official register ofvarieties of a variety infact leads to the grant ofa plant breeder's
right in respect of or to the entry in the official register of. that variety in the country in question, the
existence ofthat variety shall, as from the date ofthe application, for the purposes ofsubsection (2)
(b), also be deemed to have been a matter ofcommon knowledge.".
Amendment of section 3 of Act 15 of 1976
3. Section 3 of the principal Act is hereby amended by the substitution for subsections (1), (2) and (3)
of the following subsections, respectively:
"(1) The Minister shall designate an officer in the department as the Registrar of Plant Breeders'
Rights, who shall be the authority to whom the protection of new plant varieties is entrusted, and
who shall exercise the powers perform the functions and carry out the duties conferred upon
assigned to or imposed upon the registrar under this Act.
(2) The registrar shall exercise his or her powers perform his functions and carry out his or her
duties subject to any instructions issued by the Minister.
(3) (a) Any power conferred upon.function assigned to or duty imposed upon the registrar may be
exercised, performed or carried out by the registrar personally or by an officer under the
delegation, control or direction ofthe registrar The registrar may authorize any officer, or with the
approval ofthe Minister any person who is not an officer, to exercise or carry out any power or duty
ofthe registrar.
(b) Any decision made or order given by any such officer or any such person, may be withdrawn or
amended by the registrar, and shall, until it has been so withdrawn or amended, be deemed, except for
the purposes of this paragraph, to have been made by the registrar.",
Amendment of section 6 of Act 15 of 1976, as substituted by section 4 of Act 5 of1980 and amended
by section 2 of Act 14 of 1981
4. Section 6 of the principal Act is hereby amended by the substitution for subsection (1) of the
following subsection:
(I) An application for the grant of a plant breeder's right may be made by (a) the breeder of a new variety of a kind ofplant referred to in section 2 (] ); or
(b) if the breeder is an employee (irrespective of whether or not he is paid a salary) whose duties are
such that they involve plant breeders' activities relating to the kind of plant in question, and the new
variety in question was bred in the performance of such duties, the employer of such breeder; or
(c) the successor in title of the breeder or employer referred to in paragraphs (a) and (b)
respectively.".
Amendment of section 7 of Act 15 of 1976, as substituted by section 5 of Act 5 ofl980 and
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