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PLANT VARIETY PROTECTION No. 82
(7) Notwithstanding the provisions of subsection (6)(b)
an ornamental plant in respect of which a plant breeder’s
right has been granted and any part thereof which is normally sold for purposes other than granted and any part
thereof, shall enjoy the protection of such right when it is
used commercially as propagating material in the production of such ornamental plant or of a cut flower.
(8) A notice in terms of subsection (2) shall, in any case
where the holder of the plant breeder’s right in question
is a citizen of, or is domiciled in, a convention country or
an agreement country or, in the case of a juristic person,
has a registered office in a convention country or an
agreement country, be issued only if such holder can in
terms of the laws of such country obtain corresponding
protection in that country.
Section 23A
Infringement of plant breeder’s right
A plant breeder’s right shall be infringed by any person who(a) not being the holder of the plant breeder’s right,
performs, or causes to be performed, an act contemplated in section 23(1) without a licence obtained under section 25 or 27;
(2) The registrar may undertake any inspection in connection with any matter referred to in subsection (1)
which he may deem necessary.
Section 24A
Power to enter premises, carry out inspections,
take samples and seize certain articles
(1) The registrar, an officer in the department or a person
referred to in section 3(3)(a) may, on the authority of a
warrant issued under subsection (3), at any reasonable
time(a) enter and inspect any place, premises or vehicle
in or upon which any plant, propagating material,
substance or other article in respect of which this
Act applies, is or is upon reasonable grounds suspected to be produced, reproduced, bred, cultivated, processed, treated, prepared, tested, examined, analyzed, classified, prepackaged,
marked, labeled, held, kept, packed, removed,
transported, exhibited or sold;
(b) direct a person in control of or employed at such
place, premises or vehicle to-
(b) has obtained a licence under section 25 or 27 but
fails to comply with any term or condition
thereof;
(i) deliver any book, record or other document
that pertains to that plant, propagating material substance or other article and which
is in the possession or under the control of
that person;
(c) uses the approved denomination of a protected
variety under any other denomination than the
approved denomination of that variety.
(ii) furnish such information as he or she has
with regard to that plant, propagating material, substance or other article;
(iii) render such assistance as the registrar, officer or person requires to enable him or her
to perform his or her functions in terms of
this Act;
Section 24
Maintenance of reproductive material
(1) The holder of a plant breeder’s right shall ensure that
he is in a position during the currency of the right-
(c) inspect any book, record or other document and
make copies thereof or excerpts therefrom;
(a) to furnish the registrar on request with propagating material of the variety in respect of which the
right was granted and which is capable of reproducing the said variety in such a manner that the
characteristics thereof correspond with those described at the time of the grant of the relevant
right;
(d) seize any plant, propagating material, substance,
book, record or other document or article which
is or may be relevant to a prosecution under this
Act and keep it in his or her custody provided
that the person from whose possession or control
any book, record or document has been taken,
may, at his or her own expense and under the supervision of the registrar, officer or person concerned make copies thereof or excerpts therefrom;
(b) on request to give to the registrar the information
and to accord him the facilities deemed necessary
by him to satisfy himself that such holder is
maintaining propagating material which conforms
to the requirements referred to in paragraph (a).
(e) take samples of any plant, propagating material,
substance or other article used or intended for use
in the production, reproduction, breeding, cultivation, processing, treatment, preparation, testing,
examining, analyzing, classification, prepackaging, marking, labeling, holding, keeping, packing,
SOUTH AFRICA
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