PLANT VARIETY PROTECTION No. 82
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for examination any document so produced;
(ii) administer an oath to or accept an affirmation from any person called as a witness at
the hearing; and
(iii) call any person present at the hearing as a
witness and interrogate him or her and require him or her to produce any document
in his or her possession or custody or under
his or her control.
(7) (a) The decision of the board shall be in writing, and
a copy thereof shall be furnished to the registrar,
the appellant and any other party.
(b) No appeal shall lie against the decision of the
board.
(8) If the board sets aside any decision or action by the
registrar, the prescribed fees paid by the appellant in
respect of the appeal in question shall be refunded to him,
or if the board varies any such decision or action, it may
in its discretion direct that the whole or any part of such
fees be refunded to the appellant.
(c) The procedure at the hearing of an appeal shall be
as prescribed.
Section 43
(d) The person appealing and the registrar shall be
entitled to be represented at an appeal by an advocate or an attorney or by a patent agent registered under section 20 of the Patents Act 1978
(Act No. 57 of 1978).
[Section 43 repealed by section 24 of Act No. 15 of
1996]
Section 44
(4) If a person appointed under subsection (2)(a)Regulations
(a) dies during the investigation of the appeal or so
soon before the commencement of the investigation that the vacancy cannot be filled in time;
(1) The Minister may make regulations-
(b) is unable to act and another person cannot be appointed in time; or
(a) prescribing any certificate or other document or
form to be issued or used for the purposes of this
Act;
(c) is, after the investigation has commenced, unable
to continue therewith,
(b) prescribing the fees payable in respect of any application, matter or document;
the parties may agree that the investigation be continued
by the remaining members, in which event, where the
member who has died or has become incapacitated was or
is the chairman of the board, the Minister shall designate
one of the remaining members to act as chairman.
(c) prescribing the scale of remuneration which shall
be paid to a person appointed in terms of section 18(2);
(5) (a) If the parties do not agree under subsection (4),
the investigation shall be adjourned in order that
the Minister may appoint a member, in accordance with the requirements of subsection (2)(a),
in the place of the member who has died or has
become incapacitated.
(b) Where an appointment has been made under
paragraph (a), the investigation shall, if the parties so agree, be continued as from the stage at
which the investigation was interrupted by the
death or incapacitation of a member, or shall, if
the parties do not so agree, be commenced de
novo.
(6) The board may after investigation of the appeal(a) confirm, set aside or vary the relevant decision or
action of the registrar;
(b) order the registrar to execute the decision of the
board in connection therewith.
Act - page 17
(d) prescribing the scale of remuneration which shall
be paid to any member of a board appointed in
terms of section 42(2);
(e) prescribing the information and facilities to be
provided to the registrar by an applicant for a
plant breeder’s right, and the reproductive material to be submitted at the time of an application
and thereafter;
(f) prescribing the tests, trials, examinations and
other steps to be taken by an applicant or the
registrar before a plant breeder’s right may be
granted, and the time within which they are to be
taken;
(g) prescribing the records relating to reproductive
material for sale, multiplication or export to be
kept by any person who has such material in his
possession or under his control, the form and
manner in which they are to be kept, and how and
to whom they shall be available for inspection;
(h) concerning any matter which in terms of this Act
is required or permitted to be prescribed; and
SOUTH AFRICA