46 PLANT VARIETY PROTECTION No. 82 (10) If no criminal proceedings are instituted in connection with any plant, propagating material, substance, book, record or other article or document seized in terms of subsection (1) or (6), or if it appears that such plant, propagating material, substance, book, record or other article or document is not required at the trial for the purposes of evidence or an order of court, that plant, propagating material, substance, book, record or other article or document shall be returned to the person from whom it was seized. Section 26 Application for compulsory licence (1) Any person who is of the opinion that the holder of a plant breeder’s right unreasonably refuses to grant him a licence under section 25, or that such a holder is imposing unreasonable conditions for the issue of such a licence, may in the prescribed manner and upon payment of the prescribed fee apply to the registrar for the issue to him of a compulsory licence in respect of the relevant plant breeder’s right. Section 25 (2) and (3) .... Licences (1) The Holder of a plant breeder’s right may at the request in writing of another person grant to such person a licence in terms of which such person may be authorized to undertake any activity referred to in section 23. (2) The licence may include conditions regarding (a) the quantity of propagating material of the relevant variety to be supplied to the holder of the licence, and the price thereof; (b) the royalties payable in respect of the exploitation of the licence; (c) the information to be furnished to the holder of the relevant plant breeder’s right regarding the extent to which the licence is being exploited; (d) the period of validity of the licence, which shall not exceed the term of the relevant breeder’s right; [Sub-sections (2) and (3) deleted by section 17(b) of Act No. 5 of 1980] (4) The holder of such a plant breeder’s right may within the prescribed period and in the prescribed manner lodge a counter-statement with the registrar in which are set out the particulars of any ground upon which he contests the application in question. (5) The holder of such plant breeder’s right shall serve a copy of the counter-statement on the person who made the application and shall furnish the registrar with proof of the service thereof. (6) If the person who made the application and the holder of the relevant plant breeder’s right at any stage after the application has been lodged with the registrar, reach an agreement with regard to the issue of a licence, the person who made the application shall inform the registrar of the agreement, whereupon the application shall lapse. Section 27 (e) the transfer thereof; Grant of compulsory licence (f) the punitive measures applicable with reference to any condition which is not complied with; and (g) any other matter which the parties may agree to. (1) An application under section 26 shall be heard on the date and at the place and time fixed by the registrar, who shall advise the person who made the application and the holder of the plant breeder’s right in writing thereof. (3) The holder of a plant breeder’s right shall within the prescribed periods notify the registrar in the prescribed manner of each licence issued by him or her under this section, and shall furnish the registrar with a copy of each such licence. (2) The provisions of sections 18(2), (3), (4), (5) and (6) shall mutatis mutandis apply with reference to the hearing of the application. (4) During the period which the Minister prescribes under section 23(5) as a period for the exercise of sole rights in respect of the kind of plant to which a variety belongs, the registrar shall not issue a compulsory licence in respect of that variety in terms of section 27. (3) If the registrar is satisfied that the holder of a plant breeder’s right is unreasonably refusing a licence under section 25 or imposing unreasonable conditions for the issue thereof, and is satisfied that, as a result of such refusal the variety in question are not being satisfied or will not be satisfied, the or she may issue a compulsory licence(a) which shall include the conditions referred to in paragraphs (a) up to and including (f) of section 25(2), and such other conditions as the registrar may determine; SOUTH AFRICA Act - page 12