rejection; and
(ii)
within one month of such rejection, publish in the Gazette notice of
such rejection:
Provided that if an appeal in terms of subsection (8) is lodged, the
notice shall not be published until such time as the appeal has been determined;
(b)
does not uphold the objection, he shall notify the applicant and the
objector of his decision.
(8) An appeal shall lie from any decision of the Registrar under this section.
14
Refusal or grant of plant breeders rights
(1) On receipt of an application in terms of section seven, the Registrar shall, subject
to sections three A, ten and thirteen, investigate or cause to be investigated such
application in order to determine whether—
[amended by Act 11 of 2001 with effect from 27 July, 2001]
(a)
the plant concerned should be regarded as a new variety of a
prescribed kind; and
(b)
the applicant is entitled in terms of this Act to make the application.
(2) Subject to subsection (4), if, after investigation in terms of subsection (1), the
Registrar considers that the plant should be regarded as a new variety of a prescribed
kind and that the applicant is entitled to apply for plant breeders rights in respect
thereof, he shall—
(a)
grant to the applicant plant breeders rights in respect of the plant; and
(b)
note in the Register the prescribed particulars of the person to whom,
and of the plant in respect of which, such rights have been granted; and
(c)
issue or cause to be issued to the applicant a certificate of registration
of plant breeders rights in respect of the plant.
(3) Within one month of the grant of plant breeders rights in terms of subsection (2)
the Registrar shall publish in the Gazette a notice giving such particulars of the grant
as he thinks fit.
(4) The Registrar shall grant plant breeders rights in terms of subsection (2) within a
period of three years after the publication of the notice in terms of subsection (1) of
section twelve or such longer period as the Minister may, by notice in writing, in any
particular case authorize, unless the application has been—
(a)
refused in terms of section ten; or
(b)
rejected in terms of section thirteen.
or
(c)
refusal on the ground that the applicant is not qualified for the grant of
plant breeders rights in terms of section three A.
[inserted by Act 11 of 2001 with effect from 27 July, 2001]
(5) If, after investigation in terms of subsection (1), the Registrar considers that—
(a)
the application for plant breeders rights does not comply with the
requirements of this Act; or
(b)
the plant in respect of which the application has been made is not a
new variety of a prescribed kind; or
(c)
the applicant is not entitled to make the application;
the Registrar shall refuse the application and shall forthwith advise the applicant in
writing of his decision and the grounds upon which it is based.
(6) An appeal shall lie from any decision of the Registrar under this section.
15
Cancellation of plant breeders rights
(1) Subject to subsection (4), the Registrar shall declare a grant of plant breeders
rights void if he is satisfied—
(a)
that when the rights were granted, the plant concerned was not a new