(a) by the substitution for the heading of the following heading:
"Denomination of variety";
(b) by the substitution for subsection (1) of the following subsection:
"(1) The denomination of a new variety referred to in section 2 shall comply with the prescribed
requirements and be proposed by the person who applies for the grant of a plant breeder's right in
respect thereof, and such denomination shall be subject to the approval of the registrar.": and
(c) by the addition of the following subsection:
"(4) A variety shall be submitted to the registrar under the same denomination as the denomination
by which it is known in any other country, unless the registrar considers the denomination
unacceptable in which case the applicant shalf submit an alternative denomination. ".
Amendment of section 11 of Act 15 of 1976, as amended by section 9 of Act 5 of 1980
8. Section 11 of the principal Act is hereby amended(a) by the substitution in subsection (1) for subparagraph (i) of paragraph (b) of the following
subparagraph:
"(i) is not a new variety referred to in section 2;";
(b) by the deletion in subsection (1) of the word "or" at the end of paragraph (h), and the substitution
for paragraph (i) of the said subsection of the following paragraph:
"(i) that, where such application has been preceded by an application by or on behalf of the same
applicant for protection of the same variety in a convention country or an agreement country, the
description submitted to him or her differs from the description submitted in such preceding
application or that the description in such preceding application does not describe a new variety
referred to in section 2; or"; and
(c) by the addition to subsection (1) of the following paragraph:
"(;) that the provisions ofsection J9 have not been complied with at thefiling a/the application.".
Amendment of section 18 of Act 15 of 1976
9. Section 18 of the principal Act is hereby amended by the substitution for subsections (4) and (5) of
the following subsections, respectively:
"(4) The procedure at the hearing of an objection shall be determined by the registrar as prescribed.
(5) The person objecting and the person who applied for the plant breeder's right in question may, if
he or she appears before the registrar at the hearing of an objection, be represented by an advocate or
an attorney or by a patent agent registered under section 89 ofthe Patents Act, 1952 (Act 37 of1952)
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