(c) that the variety in respect of which the application is made has previously been
recognised in terms of this Act or any other previous Act;
(d) that the propagation of the variety in question would require repeated use of plants
or propagating material of another variety for which the applicant is not the owner
unless such plants are or such propagating material is used under a license; or
(e) that the description submitted does not clearly describe the variety.
(2) If the Controller of Seeds rejects an application under article (10)(1), or refuses an
application under article 11 (2), he shall advise the applicant in writing of his decision
and of the grounds on which it is based.
11. Recognition of Variety
(1) If the Controller of Seeds, after considering an application and examining the results of
any tests or trials conducted on the variety in question, is of the opinion that the
application conforms to the requirements of this Act, and that the variety complies with
the requirements referred to in article 8, he shall recognise and notify the variety and
enter it in the vai"iety list.
(2) Notwithstanding the provisions of subsection (1) of this article (a) the Controller of Seeds may refuse to recognize a variety if, in his opinion, it is the
public interest to do so;
(b) the Controller of Seeds shall refuse to recognize a variety if the Minister, after an
evaluation referred to in article 13, directs him to do so; and
(c) the ControlleYof Seeas shall noC(e~c6gnize-a-variety before(i) the Minister has decided under article 13(1) not to investigate the variety;
(ii) the Minister has under article 13(5) published the results of the evaluation or
has under article 13(6) informed the Controller of Seeds that he has decided not
to publish such results.
(3) The Controller of Seeds shall, in respect of each variety which is recognized (a) enter the applicable particulars in the variety list;
(b) by notice in the Gazette publish such particulars relating to the recognition of the
variety as may be prescribed; and
)
(c) inform the applicant in writing of such recognition.
!
12. Alterations in and Deletions from Variety List
10