section 20 ofthe Patents Act, 1978 (Act No. 57 of1978).".
Amendment of section 19 of Act 15 of 1976, as amended by section 12 of Act 5 of 1980 and
section 3 of Act 38 of 1983
10. Section 19 of the principal Act is hereby amended(aj-by the substitution for subsection (2) of the following subsection:
"(2) The registrar shall, in order to enable him or her to determine whether a variety qualifies/or the
grant ofa plant breeder's right under section 2(a) undertake or cause to be undertaken such tests and trails as he or she may deem necessary with a
variety in respect of which an application is being considered under subsection (I); or
(b) use the results of tests and trails 0 btained from the appropriate authority in a convention country
or an agreement country in terms of an agreement referred to in section SA in order to enable him to
determine whether such a variety is a new variety. "; and
(b) by the addition of the following subsections:
"(5) The person whose application/or the grant ofa plant breeder's right is being considered shall
furnish the registrar 'within 12 months from the lodging ofthe application with everything required
by the registrar at the examination ofthe application, including, where applicable(a) plant material for the undertaking oftests and trials;
(b) documents or other proof;
(c) written undertaking or suitable guarantees for the reimbursement ofcosts;
(d) information required by the registrar,' and
(e) any additional plant material, documents, proof, in/ormation, 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 oftime.
(b) An application/or extension shall be submitted to the registrar in writing and shall set out
reasons /01' the granting 0/ extension.".
Amendment of section 20 of Act 15 of 1976, as amended by section 4 of Act 38 of 1983
11. Section 20 of the principal Act is hereby amended by the substitution for subsection (1) of the
following subsection:
(I) If the 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, is 0/ the opinion grant a plant
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