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PLANT VARIETY PROTECTION No. 82
right in any variety of a kind of plant from a date
determined by him or her and published in the
same or later notice in the Gazette.
(b) As from the date determined under paragraph (a)
all rights and liabilities pertaining to the said
plant breeder’s right shall be deemed to have
been transferred to the State, and such rights shall
as from that date vest in the Minister on behalf of
the State.
(2) The Minister shall pay the person who was the holder
of the plant breeder’s right in question immediately prior
to the date referred to in subsection (1)(a), such compensation as may be agreed upon or, failing agreement, as
may be settled by arbitration.
(5) Any person may within the prescribed period, on
payment of the prescribed fee, in the prescribed manner
lodge an objection to the grant of such alteration or supplementation.
(6) The registrar may, after considering any objection
lodged under subsection (5), approve the proposed alteration or supplementation, and shall by notice in the
Gazette publish the prescribed particulars relating to an
alteration or supplementation so approved.
(7) The registrar shall forthwith publish by notice in the
Gazette the prescribed particulars relating to an alteration
or supplementation ordered under subsection (1)(a).
Section 33
Section 32
Termination of plant breeder’s right
Alteration of denomination
(1) A plant breeder’s right shall terminate upon the expiry of the relevant period contemplated in section 21.
(1) The denomination approved in respect of a variety
may be altered or supplemented by the registrar(a) if ordered by the court on the application of a
person who in law has a preferent claim to the use
of the designation in question;
(b) on the application of the holder of a plant
breeder’s right in that variety;
(c) if the information submitted to the registrar in the
application for the approval of, or in connection
with, the denomination in question was incorrect
and the registrar is of the opinion that such denomination would not have been approved had he
known that such information was incorrect; or
(d) if information comes to light which, if discovered
earlier, would in the opinion of the registrar have
resulted in the refusal of such denomination.
(2) An application referred to in subsection (1)(b) shall
be made to the registrar in the prescribed manner and
shall be accompanied by the prescribed application fee.
(3) If an alteration or supplementation becomes necessary on a ground referred to in paragraph (c) or (d) of
subsection (1), the registrar shall in writing inform the
holder of the relevant plant breeder’s right thereof and
give the grounds on which the alteration or supplementation is deemed necessary, and such holder shall submit
proposals for an alteration or supplementation within 60
days from the date of the notice to him.
(4) If the register intends approving any proposal for the
alteration or supplementation of a denomination under
subsection (1)(b) or (3), he shall by notice in the Gazette
publish such particulars relating to the intended alteration
or supplementation as may be prescribed.
(2) The registrar may terminate a plant breeder’s right
prior to the expiry of the plant breeder’s right if(a) any information submitted to him or her in the
application for such a right or in connection with
such an application, was incorrect and if such a
right would not have been granted if he or she
had known that the information was incorrect;
(b) information has come to light which, if discovered earlier, would have resulted in the plant
breeder’s right being refused;
(c) priority should be given under section 8 to any
other application for the grant of a plant breeder’s
right in the same variety;
(d) the holder of the plant breeder’s right refuses or
has failed to comply or is not in a position to furnish the registrar with propagating material of the
relevant variety which conforms to the requirements of paragraph (a) of section 24(1);
(e) the holder of the plant breeder’s right has failed
to comply with any request under paragraph (b)
of section 24(1), or he or she has prevented the
registrar from undertaking an inspection referred
to in section 24(2);
(f) the holder of the plant breeder’s right refuses or
has failed or is not in a position to submit a proposal for an alteration or a supplementation of a
denomination after having been requested to do
so under section 32(3);
(g) the annual fee in terms of section 22 was not paid
within the period referred to in that section;
(h) the plant breeder’s right has been granted to a
person who is not entitled thereto, unless it is
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