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PLANT VARIETY PROTECTION No. 82
disclose any information acquired by him or her in the
exercising of his or her powers or the performance of his
or her duties in terms of this Act.
Section 38
Defect in form not to invalidate documents
A defect in the form of any document which is in
terms of any law required to be executed in a specific
manner, or in a notice issued in terms of this Act, shall
not render unlawful an administrative action executed in
respect of the manner to which such document or notice
relates, and shall not be a ground for exception to any
legal procedure which may be taken in respect of such
matter, if the requirements and meaning thereof are substantially and intelligibly set forth.
(2) Notwithstanding the provisions of subsection (1), the
registrar may furnish to the holder of a plant breeder’s
right or to the person to whom a licence was granted
under section 25, any information he or she has acquired
pertaining to any action which constitutes an infringement of the plant breeder’s right in question.
Section 41
[Section 41 repealed by section 24 of Act No. 5 of
1980]
Section 39
Preservation and proof of documents
Section 42
(1) All documents lodged with the registrar in connection
with plant breeders’ rights and any application for such
rights shall, subject to the provisions of subsection (3), be
preserved for the prescribed period.
(2) Any document referred to in subsection (1) which in
the opinion of the registrar may lie for inspection by the
public shall upon payment of the prescribed fees be open
for inspection during office hours at the office of the
registrar, and copies thereof shall on request and upon
payment of the prescribed fees be furnished to any person.
Appeal against decision or action of the registrar
(1) A person who feels aggrieved by any decision or
action taken by the registrar in terms of this Act may,
within the period and in the manner prescribed and upon
payment of the prescribed fees, appeal to the Minister
against the decision or action in question.
(2) (a) The Minister shall refer to appeal for investigation and decision to a board the members of
which shall be appointed by the Minister and
which shall consist of-
(3) Where an application for the grant of a plant
breeder’s right has been withdrawn, the registrar shall
return all the papers submitted in connection with the
application, to the applicant at the address indicated in
the application or, if this is not practicable, destroy them
after expiry of the prescribed period.
(4) The provisions of section 5(3) shall mutatis mutandis
apply with reference to all documents lodged with the
registrar.
(i) one person designated as chairman on account of his knowledge of law;
(ii) two persons who in the opinion of the
Minister have expert knowledge of the
subject of the appeal.
(b) A person appointed under subparagraph (ii) of
paragraph (a) shall be disqualified as a member of
the board if he has any direct or indirect personal
interest in the outcome of the appeal.
Section 40
(3) (a) An appeal under subsection (1) shall be heard on
the date and at the time and place fixed by the
chairperson and he or she shall advise the person
appealing and any other party that has an interest
in the appeal, in writing thereof.
Secrecy
(1) No person, shall, except(a) in so far as it is necessary for the proper application of the provisions of this Act; or
(b) The chairperson may, for the purposes of the
hearing of an appeal
(b) for the purposes of legal proceedings under this
Act or any other law; or
(c) when required to do so by any court or under any
law; or
(d) when authorized thereto by the Minister,
SOUTH AFRICA
(i) summon any person who may give material
information concerning the subject of the
hearing or who has in his or her possession
or custody or under his or her control any
document which has any bearing upon the
subject of the hearing, to appear before him
or her at a time and place specified in the
summons, to be interrogated or to produce
that document, and the registrar may retain
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