PLANT VARIETY PROTECTION No. 82 43 subsequent annual fee shall be paid before 1 January of each year. (b) The registrar shall, subject to the payment of such additional fees as may be prescribed, upon application extend the time for the payment of an annual fee for a period not exceeding 6 months or for periods the aggregate of which does not exceed 6 months. (ii) which are not distinguishable from the protected variety as contemplated in section 2(2)(b); or (iii) the production of which requires the repeated use of the protected variety. (b) For the purposes of paragraph (a)(i) a variety shall be deemed to be essentially derived from another variety if- Section 23 (i) it is predominantly derived from that other variety, or from a variety that is itself predominantly derived from that other variety while retaining the essential characteristics of that other variety; and Rights of holder of plant breeder’s right (1) The effect of the protection given under this Act by the grant of a plant breeder’s right shall be that prior authority shall during the currency of the plant breeder’s right be obtained by way of licence under section 25 or 27 by any person intending to undertake the- (ii) it is clearly distinguishable from that other variety; and (iii) except for the differences which result from the process of derivation it conforms to that other variety in respect of the essential characteristics. (a) production or reproduction (multiplication); (b) conditioning for the purpose of propagation; (c) sale or any other form of marketing; (d) exporting; (e) importing; (f) stocking for any of the purposes referred to in paragraphs (a) to (e), of(i) propagating material of the relevant variety; or (ii) harvested material, including plants, which was obtained through the unauthorized use of propagating material of the relevant variety. (2) The Minister may by notice in the Gazette extend the effect of the protection contemplated in subsection (1) to products made directly from harvested material contemplated in subsection (1)(ii). (3) The provisions of subsections (1) and (2) shall not apply if the breeder has had reasonable opportunity to exercise his or her right in respect of the propagating material of the protected variety. (4) (a) The provisions of subsections (1), (2) and (3) shall also apply to varieties(i) which are essentially derived from the protected variety, where the protected variety is not itself an essentially derived variety; Act - page 9 (5) Notwithstanding the provisions of subsection (1), the holder of a plant breeder’s right shall during the period which the Minister may prescribe as a period for the exercise of sole rights in terms of section 25(4) in respect of the kind of plant to which such a variety belongs, have the sole right to undertake with regard to the relevant variety any activity referred to in subsection (1) or to have such activity undertaken by any other person. (6) Notwithstanding the provisions of section 23A(a), a person who procured any propagating material of a variety in a legitimate manner shall not infringe the plant breeder’s right in respect of the variety if he or she(a) resells that propagating material; (b) subject to the provisions of subsection (2), sells any plant, reproductive material or product derived from that propagating material for purposes other than the further propagation or multiplication thereof; (c) uses or multiplies that propagating material in the development of a different variety; (d) uses that propagating material for purposes of bona fide research; (e) uses that propagating material for private or noncommercial purposes; or (f) is a farmer who on land occupied by him or her uses harvested material obtained on such land from that propagating material for purposes of propagation; Provided that harvested material obtained from the replanted propagating material shall not be used for purposes of propagation by any person other than that farmer. SOUTH AFRICA