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42 PLANT VARIETY PROTECTION No. 82 (b) the applicant is entitled under this Act to make the application; (ii) with such specimens of plants of the variety or of parts of such plants as he may require; and (c) the variety is a variety referred to in section 2 and it conforms to the requirements of this Act; and (iii) with such information in connection with the variety as he may require. (4) (a) The costs involved in obtaining the results referred to in subsection (2)(b) shall be paid to the registrar by the person whose application is being considered at the time and place determined by the registrar. (d) no moneys are due by the applicant in terms of section 19. (2) The registrar shall in respect of each plant breeder’s right granted(a) issue a certificate of registration in respect thereof to the person who applied for the grant of the right; (b) The registrar may require that a person whose application for a plant breeders’ right is being considered, furnish him with a written undertaking or a suitable guarantee regarding a payment referred to in paragraph (a), before he takes steps to obtain the results of tests and trials with the variety concerned in terms of an agreement referred to in section 5A. (5) The person whose application for a plant breeder’s right is being considered shall furnish the registrar within 12 months form the lodging of the application with everything required by the registrar at the examination of the application, including, where applicable(a) plant material for the undertaking of tests and trials; (b) enter the applicable particulars referred to in section 4(1) in the register, and (c) by notice in the Gazette publish such particulars relating to the grant of such right as may be prescribed. (3) (a) If the registrar refuses the grant of a plant breeder’s right, he shall in writing advise the person who applied for the right of his decision and of the grounds on which it is based and shall, subject to the provisions of paragraph (b), by notice in the Gazette publish such particulars relating to the refusal as may be prescribed. (b) The grounds on which the decision is based shall not be published in the said notice nor be open for inspection except by order of a court. (b) documents or other proof; (c) written undertakings or suitable guarantees for the reimbursement of costs; Section 21 (d) information required by the registrar; and (e) any additional plant material, documents, proof, information, undertakings or guarantees required by the registrar in order to enable him or her to do a proper examination. (6) (a) The registrar may in writing on application grant extension from compliance with subsection (5) for a specified period of time. (b) An application for extension shall be submitted to the registrar in writing and shall set out reasons for the granting of extension. Period of plant breeder’s right A plant breeder’s right shall be granted for a period of(a) 25 years, in the case of vines and trees; and (b) 20 years, in all other cases, calculated from the date on which a certificate of registration is issued under paragraph (a) of section 20(2). Section 22 Section 20 Payment of annual fee Grant of plant breeder’s right (1) The registrar shall, after considering an application in terms of section 19 and examining the results of any tests or trials conducted with the variety in question, grant a plant breeder’s right in respect of a variety if(a) the application conforms to the requirements of this Act; (1) A person to whom a plant breeder’s right has been granted shall during the currency of such right, annually pay to the registrar the annual fee prescribed in respect of such right. (2) (a) The first such annual fee shall be payable on or before 1 January of the year following the date on which a plant breeder’s right is granted, and any SOUTH AFRICA Act - page 8

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