43
Particulars to be furnished
The Registrar shall publish in such manner as he thinks fit particulars relating to the
application for or granting, cancellation or surrender of plant breeders rights and such
other particulars relating to plant breeders rights as he thinks fit.
44
Assignments
(1) The rights granted to the holder of plant breeders rights shall be capable of
assignment and of devolution by operation of law and of being mortgaged and
pledged.
(2) Where any person becomes entitled by assignment, transmission or operation of
law to any plant breeders rights or to a share in plant breeders rights or becomes
entitled as mortgagee, licensee or otherwise to any other interest in plant breeders
rights, he may apply to the Registrar in the prescribed manner for the registration in
the Register of his title as proprietor or co-proprietor or, as the case may be, of notice
of his interest and the Registrar shall, upon proof of such entitlement to his
satisfaction, register such title or notice against the plant breeders rights accordingly.
(3) Except for the purposes of an application to rectify the Register under the
provisions of this Act, a document in respect of which no entry has been made in the
Register under subsection (2) shall not be admitted in any proceedings as evidence of
the title of any person referred to in subsection (2) to plant breeders rights or a share
of or interest in plant breeders rights unless the Administrative Court or a court of
competent jurisdiction otherwise directs.
45
Regulatory powers
(1) The Minister may make regulations prescribing anything which under this Act is
to be prescribed and generally for the better carrying out of the objects and purposes
of this Act or to give effect to its provisions or for its better administration.
(2) Regulations in terms of subsection (1) may provide for—
(a)
the form of any application, description, drawing, objection, counterstatement or other document which may be lodged with the Registrar and the
furnishing of copies of any such document;
(b)
the procedure to be followed in connection with any application or
request to the Registrar or any proceedings before him, and the authorizing of the
rectification of irregularities of procedure;
(c)
the information and facilities to be afforded by an applicant and the
reproductive material and other plant material to be submitted at the time of
application and subsequently;
(d)
the tests, trials, examinations and other steps to be taken by the
applicant or the Registrar before plant breeders rights are granted and the time within
which any such steps are to be taken;
requiring any person who has in his possession or under his control
(e)
any reproductive material for sale, reproduction or export to keep records relating
thereto in the form and manner specified and to render returns in the form and manner
and at the times specified;
(f)
the fees to be paid in respect of—
(i)
applications for or the grant of plant breeders rights;
(ii)
the examination of samples of reproductive material or any plant
grown therefrom;
(iii)
the inspection of the Register or the provision of a certified copy of
any entry therein;
(g)
the rights and duties of the holder of a licence granted under section
eighteen or nineteen and of the holder of the plant breeders rights concerned in
connection with the institution of actions for infringement of the plant breeders rights