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PLANT VARIETY PROTECTION No. 82
(b) the applicant is entitled under this Act to make
the application;
(ii) with such specimens of plants of the variety
or of parts of such plants as he may require;
and
(c) the variety is a variety referred to in section 2 and
it conforms to the requirements of this Act; and
(iii) with such information in connection with
the variety as he may require.
(4) (a) The costs involved in obtaining the results referred to in subsection (2)(b) shall be paid to the
registrar by the person whose application is being
considered at the time and place determined by
the registrar.
(d) no moneys are due by the applicant in terms of
section 19.
(2) The registrar shall in respect of each plant breeder’s
right granted(a) issue a certificate of registration in respect thereof
to the person who applied for the grant of the
right;
(b) The registrar may require that a person whose application for a plant breeders’ right is being considered, furnish him with a written undertaking or
a suitable guarantee regarding a payment referred
to in paragraph (a), before he takes steps to obtain
the results of tests and trials with the variety concerned in terms of an agreement referred to in
section 5A.
(5) The person whose application for a plant breeder’s
right is being considered shall furnish the registrar within
12 months form the lodging of the application with everything required by the registrar at the examination of the
application, including, where applicable(a) plant material for the undertaking of tests and trials;
(b) enter the applicable particulars referred to in section 4(1) in the register, and
(c) by notice in the Gazette publish such particulars
relating to the grant of such right as may be prescribed.
(3) (a) If the registrar refuses the grant of a plant
breeder’s right, he shall in writing advise the person who applied for the right of his decision and
of the grounds on which it is based and shall,
subject to the provisions of paragraph (b), by notice in the Gazette publish such particulars relating to the refusal as may be prescribed.
(b) The grounds on which the decision is based shall
not be published in the said notice nor be open
for inspection except by order of a court.
(b) documents or other proof;
(c) written undertakings or suitable guarantees for
the reimbursement of costs;
Section 21
(d) information required by the registrar; and
(e) any additional plant material, documents, proof,
information, undertakings or guarantees required
by the registrar in order to enable him or her to
do a proper examination.
(6) (a) The registrar may in writing on application grant
extension from compliance with subsection (5)
for a specified period of time.
(b) An application for extension shall be submitted to
the registrar in writing and shall set out reasons
for the granting of extension.
Period of plant breeder’s right
A plant breeder’s right shall be granted for a period
of(a) 25 years, in the case of vines and trees; and
(b) 20 years, in all other cases,
calculated from the date on which a certificate of registration is issued under paragraph (a) of section 20(2).
Section 22
Section 20
Payment of annual fee
Grant of plant breeder’s right
(1) The registrar shall, after considering an application in
terms of section 19 and examining the results of any tests
or trials conducted with the variety in question, grant a
plant breeder’s right in respect of a variety if(a) the application conforms to the requirements of
this Act;
(1) A person to whom a plant breeder’s right has been
granted shall during the currency of such right, annually
pay to the registrar the annual fee prescribed in respect of
such right.
(2) (a) The first such annual fee shall be payable on or
before 1 January of the year following the date on
which a plant breeder’s right is granted, and any
SOUTH AFRICA
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