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PLANT VARIETY PROTECTION No. 82
(2) If the registrar rejects an application in terms of subsection (1) he shall in writing advise the person who applied for the grant of a plant breeder’s right, of his decision and of the grounds on which it is based.
(b) if the applicant has given a written undertaking to
the registrar that, subject to the provisions or subsection (3), he shall not, while the protective direction is in force, sell or consent to sell in the
Republic any reproductive material of the variety
in question.
Section 12
Amendment of application
(1) A person who has made an application under section 7 for the grant of a plant breeder’s right, may at any
time before such application is published under section 13, add to or alter the description which accompanied his application, or the proposed denomination of the
variety in question.
(2) If an application is made for such addition or alteration after the said publication, the registrar may, if he is
of the opinion that the addition or alteration is of material
importance, direct that the date of the application for the
addition or alteration shall be a date not earlier than the
date of the relevant application under section 7, or that
the date of the application under section 7 shall be a date
not later than the date of the application for the addition
or alteration, and the registrar shall in either case republish the application under section 7 in amended form.
Section 13
(3) (a) The holder of a protective direction shall, notwithstanding an undertaking referred to in subsection (2)(b), be entitled to sell or offer for sale
reproductive material of the variety in question
for the purposes of multiplication or testing.
(b) All the reproductive material produced, directly
or indirectly, during such multiplication or testing, as well as any unused reproductive material,
shall become or remain the property of the holder
of the protective direction.
Section 15
Effect of provision protection
While a protective direction is in force, the variety in
respect of which it was issued shall be protected as if a
plant breeder’s right had been granted in respect thereof,
and anything that would constitute an infringement of a
plant breeder’s right or would be actionable in proceedings by the holder of such right, shall, if it is done with
reference to a variety so protected, be actionable.
Publication of application
Section 16
(1) If the registrar does not reject an application under
section 11, he shall by notice in the Gazette publish such
particulars relating to the application as may be prescribed.
(2) If an application published under subsection (1) is
withdrawn before a plant breeder’s right in respect
thereof is granted or refused in terms of this Act, the registrar shall publish the fact of such withdrawal by notice
in the Gazette.
Termination of provisional protection
(1) A protective direction issued under section 14 shall,
subject to the provisions of subsection (2), cease to be of
force on the date on which the registrar finally allows or
refuses the application for a plant breeder’s right in respect of the variety for which the protective direction was
issued.
(2) A protective direction-
Section 14
Grant of provisional protection
(a) may be withdrawn at an earlier date by the registrar if, in his opinion, circumstances justify the
withdrawal; and
(1) The registrar may, at the request of a person whose
application for the grant of a plant breeder’s right is to be
published under section 13(1), issue a protective direction to such person in respect of the variety in question.
(b) shall be withdrawn at an earlier date by the registrar if he is satisfied that the holder thereof(i) has failed to fulfill the terms of an undertaking referred to in paragraph (b) of section 14(2); or
(2) Such protective direction shall be issued only(a) if the registrar is satisfied that such information,
facilities and material as he may require to enable
him to consider that application for the grant of a
plant breeder’s right, have been furnished to him;
and
SOUTH AFRICA
(ii) has given an undertaking, whether enforceable by law or not, to another person in
terms whereof such holder is deprived of
the right to institute an action referred to in
section 47, or an action for damages in re-
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