PLANT VARIETY PROTECTION No. 82
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the registrar under this Act, shall be guilty of an offence
and liable on conviction to a fine or to imprisonment for
a period not exceeding one year(a) if he buys, sells, acquires or traffics in any plant
breeder’s right or an interest therein;
(b) if he acquires, otherwise than in the course of his
duties, or sells any propagating material of a variety in respect of which a plant breeder’s right has
been granted or applied for.
(2) Any purchase, sale, acquisition or assignment of any
plant breeder’s right by or to the registrar or any such
officer shall be of no force and effect.
(3) Any reproductive material acquired by the registrar or
such an officer shall be forfeited to the State.
(6) In addition to any other remedy, a competent court
may, in proceedings due to the infringement of a plant
breeder’s right, make an order in respect of the custody,
surrender or disposal of any book, document, plant,
propagating material, product, substance or other article.
Section 48
Assignment of powers and duties by Minister
The Minister may either generally or in any particular
case or in relation to particular property assign to any
officer of the department any power conferred or duty
imposed upon him under this Act, other than a power
referred to in section 31 or 44.
Section 49
(4) Nothing in this section contained shall apply to the
person who bred, or discovered and developed, a variety
of a plant or to any acquisition by inheritance.
Limitation of liability
No compensation shall be payable by the State, the
Minister, the registrar or an officer in respect of any act
done in good faith under this Act.
Section 47
Compensation in respect of infringement of
plant breeder’s right
Section 50
(1) The holder of a plant breeder’s right may upon proof
of an infringement of that right and without proof of
damages which might arise from such infringement, recover by action in any competent court from the person
who infringed the plant breeder’s right compensation in
respect of such infringement in an amount not exceeding
R 10,000.
(2) An action under subsection (1) shall be available to
the holder in lieu of any action of damages in any amount
which might arise from the relevant infringement.
(3) An action referred to in subsection (1) or (2) shall not
be instituted while the relevant plant breeder’s right or
variety is the subject of(a) an objection which in terms of this Act is to be
determined by the registrar; or
(b) an appeal which in terms of section 42 is to be
decided by the board.
(4) The holder of a plant breeder’s rights or any person
to whom a licence has been granted under section 25 or
27, the holder of the relevant plant breeder’s right shall
be joined as a party to those proceedings.
(5) In the case of proceedings referred to in subsection (4), instituted by a person to whom a licence has
been granted under section 25 or 27 the holder of the
relevant plant breeder’s right shall be joined as a party to
those proceedings.
Act - page 19
[Section 50 repealed by section 29 of Act No. 15
of 1996]
Section 51
Plant breeder’s rights granted in terms
of Act 22 of 1964
(1) A final or provisional plant breeder’s right granted in
terms of the provisions of the Plant Breeders’ Rights Act,
1964, before the commencement of this Act, shall be
deemed to be a plant breeder’s right granted under this
Act, and every provision of this Act, other than the provisions of section 22, shall mutatis mutandis apply with
reference to any such plant breeder’s right.
(2) Any application for a plant breeder’s right which was
received by the registrar before the commencement of
this Act but in respect of which a final plant breeder’s
right was not granted under section 15 of the Plant
Breeders’ Rights Act, 1964, before such commencement,
shall be dealt with in all respects as if this Act had commenced on the date of receipt of such application.
Section 52
Repeal of laws
The Plant Breeders’ Rights Act, 1964 (Act 22 of
1964), and the Plant Breeders’ Rights Amendment Act,
1969 (Act 72 of 1969), are hereby repealed.
SOUTH AFRICA