38
PLANT VARIETY PROTECTION No. 82
(b) furnish the results of the tests and trials-
(3) The registrar may require-
(i) undertaken by him in terms of section 19(2)(a) of this Act with a variety referred to in that section; or
(a) that plants of the variety in question, or of the variety from which it originated, be shown to him;
and
(ii) undertaken by him with a variety in respect
of which the appropriate authority concerned has submitted propagating material
to him for such purpose,
(b) that such additional information or specimens as
he or she may deem necessary to determine
whether or not the variety concerned constitutes a
variety referred to in section 2, be furnished to
him or her.
to the authority concerned, if an application for
the protection of the variety has been made in that
other country in accordance with the laws in force
in the country concerned; and
Section 8
Priority and redating of applications
(c) submit propagating material of a variety in respect of which application for a plant breeder’s
right has been made to him to the authority concerned in order to have the necessary tests and
trials undertaken therewith and to furnish the results thereof to him,
against payment of the fees mentioned in the agreement.
Section 6
Persons who may apply for plant breeders’ rights
(1) An application for the grant of a plant breeder’s right
may be made by the breeder of a variety of a kind of plant
referred to in section 2.
(2) An application referred to in subsection (1) may only
be made by a person who(a) is a citizen of, or is domiciled in, the Republic or
a convention country or an agreement country; or
(b) in the case of a juristic person, has a registered
office in the Republic or a convention country or
an agreement country.
Section 7
Application for plant breeder’s right
(1) An application for the grant of a plant breeder’s right
shall be made in the prescribed manner, be accompanied
by the prescribed application fee and documents, and
contain an address in the Republic to which any notice or
communication may be sent.
(2) An application under subsection (1) by a person who
is not resident in the Republic or, in the case of a juristic
person, which does not have a registered office in the
Republic shall be submitted only through an agent.
(1) The effective date of an application in terms of section 7 shall be the date on which it is received by the
registrar, and if more than one application in respect of
the same variety is received, priority shall be given by the
registrar in accordance with the regulations.
(2) If an application in terms of section 7 is preceded by
an application by or on behalf of the same applicant for
protection of the same variety in a convention country or
an agreement country and the last-mentioned application
has been deposited in accordance with the laws in force
in that country, the registrar shall, notwithstanding the
provisions of subsection (1) of this section, give priority
to the first-mentioned application if(2) (a) it is submitted to the registrar in the prescribed
manner within a period of 12 months of the date
on which such preceding application was duly
deposited in a convention country or an agreement country;
(a) it is accompanied by a claim in respect of the priority thereof; and
(b) it is accompanied by the prescribed application
fee.
(4) A claim referred to in subsection 2(b) shall within the
prescribed period, which shall not be less than three
months of the date on which it was submitted to the registrar, be confirmed by lodging with the registrar a copy,
certified as correct by the appropriate authority in the
convention country or agreement country in question, of
each document which constituted the relevant preceding
application.
(5) An application given priority under subsection (2)
shall, within the prescribed period, which shall not be
less than two years, reckoned from the date on which the
period of 12 months contemplated in subsection (2) expired, be confirmed by supplementing it in any respect
necessary in order to comply with the requirements of
this Act.
(6) If two or more applications for the protection of the
same variety have been deposited on different dates in
SOUTH AFRICA
Act - page 4