destroyed or rendered inaccessible if notice is given.
(3) An order in terms of subsection (1) may be granted on such conditions, including
the giving of security by the applicant, as the court may fix.
(4) This section shall not be taken to limit any power a court may have under its
ordinary jurisdiction to grant order such as are referred to in this section.
[inserted by Act 11 of 2001 with effect from 27 July, 2001]
25E
Remedy for groundless threats of infringement proceedings
(1) Where any person, whether or not he is entitled to or interested in any plant
breeders rights or an application for the registration of any such rights, threatens
another person with proceedings for infringement of plant breeders rights, anyone
who is aggrieved by the threat may bring proceedings against him in a court of
competent jurisdiction for the relief referred to in subsection (2).
(2) In proceedings brought by virtue of subsection (1), the plaintiff or applicant shall
be entitled to any one or more of the following remedies—
(a)
a declaration to the effect that the threats are unjustifiable;
(b)
an interdict against any continuation of the threats;
(c)
such damages, if any, as he has sustained in consequence of the
threats;
unless the defendant or respondent proves that the acts in respect of which he
threatened proceedings constitute or, if done, would constitute, an infringement of
any registered plant breeders rights, the registration of which is not shown by the
plaintiff or applicant to be invalid.
(3) The Defendant or respondent in any proceedings brought in terms of subsection
(1) may counter-claim for any relief to which he would be entitled in separate
proceedings in respect of any infringement by the plaintiff or applicant of the plant
breeders rights to which the threats relate.
(4) For the avoidance of doubt, it is declared that a mere notification that plant
breeders rights are registered does not constitute a threat of proceedings within the
meaning of subsection (1).
[inserted by Act 11 of 2001 with effect from 27 July, 2001]
PART V
OFFENCES AND PENALTIES
26
Falsification of documents
Any person who—
(a)
makes or causes to be made a false entry in the Register, knowing the
entry to be false; or
(b)
makes or causes to be made or produces or tenders or causes to be
produced or tendered any document falsely purporting to be a copy of an entry in the
Register, knowing the document to be false;
shall be guilty of an offence and liable to a fine not exceeding level seven or to
imprisonment for a period not exceeding six months or to both such fine and such
imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002]
27
Failure to obey order of Appeal Board or giving false evidence
Any person who, without lawful excuse, fails to comply with an order of the
Administrative Court under section nineteen or any other provision of this Act shall
be guilty of an offence and liable to a fine not exceeding level four or to
imprisonment for a period not exceeding three months or to both such fine and such
imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002]
28
Deceiving or improper influencing of officer