PLANT VARIETY PROTECTION No. 82 49 transferred to the person who is entitled thereto; or (2) If a mark is used in conjunction with the name of the relevant variety, such mark and name shall be clearly distinguishable. (i) the holder of the plant breeder’s right is ordered to terminate the plant breeder’s right by an order of court. (3) The registrar shall in writing advise the holder of the plant breeder’s right in question and the holder of any licence issued under section 27 or with respect to which a notification has been given under section 25(3), of his intention to terminate a plant breeder’s right under subsection (2) and of the grounds therefor. (4) Any holder referred to in subsection (3) may, within the prescribed period, in the prescribed manner and on payment of the prescribed fee lodge an objection against the intended termination of a plant breeder’s right. (5) The provisions of sections 18(1), (2), (3), (4), (5) and (6) shall mutatis mutandis apply with reference to such an objection. (6) The registrar shall publish the termination under subsection (1) or (2) of a plant breeder’s right by notice in the Gazette. (7) A certificate of registration issued under paragraph (a) of section 20(2) shall, within the prescribed period, be returned to the registrar by the holder thereof when the relevant plant breeder’s right terminates or is terminated under this section. Section 34 Voluntary surrender of plant breeder’s right (1) The holder of a plant breeder’s right may at any time notify the registrar in the prescribed manner and upon payment of the prescribed fee that he is surrendering such right, and such holder shall furnish the registrar with proof that a copy of such notification has been served on any person licenced with respect to that right and on any other interested person. (2) The registrar shall by notice in the Gazette publish such particulars relating to the surrender as may be prescribed. Section 35 Section 36 Correction of errors (1) The registrar may authorize(a) the correction of any clerical error or error in translation appearing in any plant breeder’s right, the application for such a right or any document filed in pursuance of such an application, or the register; (b) the amendment of any document for the amendment of which no express provision is made in this Act; (c) the condonation or correction of any irregularity in procedure in any proceedings before him, if such condonation or correction is not detrimental to the interests of any person. (2) The registrar may exercise the authority under subsection (1) mero motu or upon request in writing. (3) Where the registrar intends exercising his authority under subsection (1) mero motu, he shall give notice of his intention to the holder of the plant breeder’s right or the applicant for such right, as the case may be, and to any other person who appears to him to have an interest in the matter, and shall give such holder, applicant or person an opportunity of being heard before exercising his authority. Section 37 Discretionary power of registrar (1) (a) Whenever any discretionary power is given to the registrar by this Act he shall not exercise that power in a manner adverse to an applicant or an objector or other person who according to the register appears to be an interested party, without giving such applicant, objector or interested person an opportunity of being heard within the time prescribed or, if no time has been prescribed, within such reasonable period as shall be fixed by the registrar. Marking of labels or containers (1) If any propagating material of variety in respect of which a plant breeder’s right has been granted is sold for purposes of propagation, the denomination of that variety shall clearly and legibly appear on a label attached thereto, or, if it is packed, on the container. Act - page 15 (b) An applicant, objector or other interested person referred to in paragraph (a) may waive the right to be heard. (2) Whenever by this Act any time is specified within which any act or thing is to be done, the registrar may, save where it is expressly otherwise provided, extend the time either before or after its expiration. SOUTH AFRICA