35
Powers of Registrar to authorize corrections
(1) The Registrar may correct or authorize the correction of any clerical error or any
omission or error in the description of a new variety which occurs in any application
or other document lodged in terms of this Act or in the Register.
(2) A correction in terms of subsection (1) may be made either upon a request in
writing or without such a request.
(3) Where the Registrar proposes to make or authorize a correction in terms of
subsection (1) otherwise than upon a request in writing, he shall give notice of his
intention to the applicant for, or holder of, the plant breeders rights, as the case may
be, and to any other person who appears to him to be concerned.
(4) Any opposition to a proposal to correct or authorize the correction of a document
or the Register in terms of subsection (1) shall be dealt with by the Registrar in such
manner as he considers desirable in the interests of justice.
(5) An appeal shall lie from any decision of the Registrar under this section.
36
Rectification of Register
(1) On application by any person aggrieved, the Administrative Court may order the
Registrar to rectify the Register by the making of any entry therein or the variation or
deletion of any entry therein.
(2) An application in terms of subsection (1) shall be lodged with the Registrar and
the Registrar shall—
(a)
give notice thereof to all interested parties; and
(b)
forward the application to the Administrative Court.
(3) At the hearing of an application in terms of subsection (1)—
(a)
the Registrar, the applicant and any other interested party shall be
entitled to appear and be heard; and
the Administrative Court shall determine the question in such manner
(b)
as it considers desirable in the interests of justice.
37
Prior knowledge or publication of new plant excused in certain circumstances
(1) Notwithstanding section three and subject to subsection (2), plant breeders rights
shall not be refused or held to be invalid by reason only of the fact that the new
variety in respect of which such rights have been applied for or granted, as the case
may be, was made available to the public or was generally known prior to the date of
application if the applicant for or holder of such rights, as the case may be, proves—
(a)
that the plant concerned was made available or the knowledge was
acquired from him without his knowledge or consent; and
(b)
if he learned of the use or disclosure before the date of application,
that he applied for the grant of plant breeders rights with all reasonable diligence after
learning of the use or disclosure, as the case may be.
(2) Subsection (1) shall not apply in relation to an applicant for or holder of plant
breeders rights where the variety concerned has been commercially grown in
Zimbabwe prior to the date of application otherwise than for the purpose of field
trials.
37A Use of approved name
(1) Where the approved name of any plant—
(a)
is still commercially exploited; or
(b)
has ceased to be commercially exploited, but the name has acquired a
special significance in relation to that plant;
no person shall use, in relation to any other plant, a name which is identical to or may
be confused with that approved name.
(2) Any person who sells—
(a)
a plant in respect of which plant breeders rights have been granted; or