PLANT VARIETY PROTECTION No. 82
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transferred to the person who is entitled thereto;
or
(2) If a mark is used in conjunction with the name of the
relevant variety, such mark and name shall be clearly
distinguishable.
(i) the holder of the plant breeder’s right is ordered
to terminate the plant breeder’s right by an order
of court.
(3) The registrar shall in writing advise the holder of the
plant breeder’s right in question and the holder of any
licence issued under section 27 or with respect to which a
notification has been given under section 25(3), of his
intention to terminate a plant breeder’s right under subsection (2) and of the grounds therefor.
(4) Any holder referred to in subsection (3) may, within
the prescribed period, in the prescribed manner and on
payment of the prescribed fee lodge an objection against
the intended termination of a plant breeder’s right.
(5) The provisions of sections 18(1), (2), (3), (4), (5)
and (6) shall mutatis mutandis apply with reference to
such an objection.
(6) The registrar shall publish the termination under subsection (1) or (2) of a plant breeder’s right by notice in
the Gazette.
(7) A certificate of registration issued under paragraph (a) of section 20(2) shall, within the prescribed
period, be returned to the registrar by the holder thereof
when the relevant plant breeder’s right terminates or is
terminated under this section.
Section 34
Voluntary surrender of plant breeder’s right
(1) The holder of a plant breeder’s right may at any time
notify the registrar in the prescribed manner and upon
payment of the prescribed fee that he is surrendering such
right, and such holder shall furnish the registrar with
proof that a copy of such notification has been served on
any person licenced with respect to that right and on any
other interested person.
(2) The registrar shall by notice in the Gazette publish
such particulars relating to the surrender as may be prescribed.
Section 35
Section 36
Correction of errors
(1) The registrar may authorize(a) the correction of any clerical error or error in
translation appearing in any plant breeder’s right,
the application for such a right or any document
filed in pursuance of such an application, or the
register;
(b) the amendment of any document for the amendment of which no express provision is made in
this Act;
(c) the condonation or correction of any irregularity
in procedure in any proceedings before him, if
such condonation or correction is not detrimental
to the interests of any person.
(2) The registrar may exercise the authority under subsection (1) mero motu or upon request in writing.
(3) Where the registrar intends exercising his authority
under subsection (1) mero motu, he shall give notice of
his intention to the holder of the plant breeder’s right or
the applicant for such right, as the case may be, and to
any other person who appears to him to have an interest
in the matter, and shall give such holder, applicant or
person an opportunity of being heard before exercising
his authority.
Section 37
Discretionary power of registrar
(1) (a) Whenever any discretionary power is given to the
registrar by this Act he shall not exercise that
power in a manner adverse to an applicant or an
objector or other person who according to the
register appears to be an interested party, without
giving such applicant, objector or interested person an opportunity of being heard within the time
prescribed or, if no time has been prescribed,
within such reasonable period as shall be fixed by
the registrar.
Marking of labels or containers
(1) If any propagating material of variety in respect of
which a plant breeder’s right has been granted is sold for
purposes of propagation, the denomination of that variety
shall clearly and legibly appear on a label attached
thereto, or, if it is packed, on the container.
Act - page 15
(b) An applicant, objector or other interested person
referred to in paragraph (a) may waive the right to
be heard.
(2) Whenever by this Act any time is specified within
which any act or thing is to be done, the registrar may,
save where it is expressly otherwise provided, extend the
time either before or after its expiration.
SOUTH AFRICA