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Requirements for the recognition of a variety.
17. (1) A variety may be recognized if —
(a) it is, by reason of any important characteristic, clearly distinguishable from any other
variety of the same kind of plant of which the existence is a matter of common
knowledge;
(b) it is sufficiently homogeneous having regard to the particular features of sexual
reproduction or vegetative propagation;
(c) it is stable with regard to its essential characteristics and remains true to the description
thereof after repeated reproduction or propagation, or where the breeder has defined a
particular cycle of reproduction or multiplication, at the end of each such cycle;
(d) it is identified by a denomination which complies with the provisions of subsection (3);
and
(e) it has sufficient merit in at least one agronomic character.
(2) A characteristic referred to in subsection (1)(a) may be of a morphological, physiological or
any other nature and shall be such that it is clearly recognizable and can be described according to
internationally accepted standards.
(3) The denomination of a variety for which an application for recognition is being considered
shall be proposed by the applicant and shall —
(a) be suitable to identify a variety;
(b) not be such as to be liable to mislead or to lead to confusion concerning the
characteristics, value or identity of the variety;
(c) be different from any other denomination which designates existing varieties of the
same or closely related kinds of plants;
(d) comply with such further requirements as the Registrar may determine.
Consideration and examination of applications.
18. (1) The Minister shall appoint a committee, whose chairman shall be the Registrar, to consider
and examine applications for the recognition of varieties of plants.
(2) The committee shall consider every application for the recognition of a variety, and all
documents and any other proof submitted to them, in order to ascertain whether the application
complies with the requirements of this Act.
(3) The committee shall in order to determine whether such a variety may be recognised —
(a) undertake such tests as it may deem necessary; or
(b) designate other persons or institutions to carry out such tests; or
(c) use the results of tests undertaken with that variety and obtained by the committee in
terms of an agreement referred to in section 19.
(4) A person whose application is being considered shall, for the purpose of any tests, furnish
the Committee with such —
(a) quantity of seed as the committee may require;
(b) information in connection with the variety as it may require.
(5) After consultation with the Committee, the Minister shall, by notice in the Gazette,
prescribe the length of the period during which varieties of crops shall be tested.
Examination of varieties by others than the Minister.
19. The Minister may authorise the Committee examining and considering an application for the
recognition of a variety to use results of tests conducted outside the country if he is satisfied that such
tests have been conducted in such a manner and under such circumstances that the results form a
reliable basis on which to determine whether a variety may be recognized.
Recognition of a variety.
20. (1) If the Committee, after considering an application under section 18 is of the opinion that —
(a) the application conforms with the requirements of this Act; and
(b) the variety complies with the requirements of section 17,
it shall authorise the Registrar to enter the variety in the variety list.
(2) The Registrar shall in respect of each variety which is recognized —
(a) inform the applicant in writing of such a decision;
(b) enter the necessary particulars in the variety list.