any seed or reproductive material of a plant in respect of which plant
(b)
breeders rights have been granted;
shall use the plant’s approved name in connection with the sale, even if the plant
breeders rights have expired:
Provided that he may use the name in association with a trade mark, trade name or
other such mark or name, if the plant’s approved name remains easily recognisable.
(3) Any contravention of this section shall be deemed to be an infringement of the
plant breeders rights concerned for the purposes of Part IVA.
[inserted by Act 11 of 2001 with effect from 27 July, 2001]
38
Evidence of certain entries and documents
(1) A certificate purporting to be signed by the Registrar and certifying that any entry,
the making of which is or was at the time authorized by or under this Act, has or has
not been made or that any other thing which is or was at the time authorized to be
done has or has not been done shall be prima facie evidence of the matters so
certified.
(2) A copy of—
(a)
an entry in the Register or of any document lodged in terms of this
Act; or
(b)
an extract from the Register or from any document lodged in terms of
this Act;
which purports to be certified by the Registrar shall be admitted in evidence without
further proof and without production of the original.
39
Inspection and provision of certified copies of entries in Register
The Register shall at all convenient times be open to inspection by the public on
payment of the prescribed fee and a certified copy of any entry in the Register shall
be given on payment of the prescribed fee to any person requiring it.
40
Preservation of secrecy
Save as otherwise provided in this Act, any person who. discloses, except—
(a)
to the Minister, the Administrative Court, the Registrar or any other
person for the purposes of the performance of his functions under this Act; or
(b)
to a police officer for the purposes of an investigation or inquiry
relating to the enforcement of the provisions of this Act; or
(c)
when required to do so by any court or under any law;
any information acquired by him in the carrying out of any duty or the performance
of any function under this Act in relation to any plant in respect of which an
application for the grant of plant breeders rights has been made under this Act or to
the business affairs of any other person shall be guilty of an offence and liable to a
fine not exceeding level six or to imprisonment for a period not exceeding one year or
to both such fine and such imprisonment.
[amended by Act 22 of 2001, gazetted on the 1st February, 2002]
41
State to be bound and limitation of actions against State
(1) Plant breeders rights shall have the same effect against the State as they have
against a subject.
(2) No fees such as are referred to in paragraph ( f ) or (i) of subsection (2) of section
forty-five or deposit referred to in subsection (2) of section fifteen shall be payable by
the State.
(3) No claim shall lie against the State, the Minister, the Registrar or any other officer
for any thing done in good faith and without negligence under the powers conferred
by this Act.
42
......
[repealed by Act 11 of 2001 with effect from 27 July, 2001]