expiration of the period specified in subsection (4), whichever is the earlier, the
Registrar shall, unless the applicant withdraws his application, forward the
application and the counter-statement, if any, to the Administrative Court, and the
Administrative Court may order the holder of the plant breeders rights to grant a
licence such as is referred to in section eighteen to the applicant subject to such
conditions, limitations or restrictions as the Administrative Court may fix, and in
fixing the conditions the Administrative Court shall fix—
(a)
the period of the licence; and
(b)
the amount and method of payment of royalties.
(6) No order shall be made under subsection (5) which would be at variance with the
Convention or with any other international treaty or agreement to which Zimbabwe is
a party.
[subsect (6) inserted by Act 11 of 2001 with effect from 27 July, 2001]
20
Surrender of plant breeders rights
(1) A holder of plant breeders rights who wishes to surrender such rights may apply,
by notice in writing, to the Registrar for the surrender of such rights.
(2) Within one month of giving notice in terms of subsection (1), the holder of the
plant breeders rights shall advertise in the Gazette that he intends to surrender such
rights.
(3) Any person who is aggrieved by the proposed surrender of plant breeders rights in
terms of this section may, within three months of the date of the advertisement in the
Gazette in terms of subsection (2), give notice to the Registrar in writing of his
opposition to the surrender, which notice shall specify the grounds for his opposition.
(4) If, after hearing the holder of the plant breeders rights and any opponent who
wishes to be heard, the Registrar is satisfied that the holder of the plant breeders
rights should be permitted to surrender such rights, he shall—
(a)
revoke the plant breeders rights; and
(b)
note in the Register that such rights have been revoked; and
(c)
call upon the holder to surrender the certificate of registration of plant
breeders rights issued in terms of this Act:
Provided that where no notice of opposition has been given in terms of this section, it
shall not be necessary for the Registrar to hear the holder of the plant breeders rights.
(5) Within one month of the revocation of plant breeders rights in terms of subsection
(4), the Registrar shall publish in the Gazette notice of such revocation.
(6) An appeal shall lie from any decision of the Registrar under this section.
PART IV
APPEALS
21
Appeals from decision of Registrar
Where this Act provides for an appeal from a decision of the Registrar, such appeal
shall be made to the Administrative Court in accordance with this Part and the
Administrative Court Act [Chapter 7:01] and the rules made thereunder.
22
Assessors
For the purposes of considering any appeal in terms of section twenty-one, the
Administrative Court may appoint any person with special expert knowledge to act as
an assessor in an advisory capacity in any case where it appears to the Court that such
knowledge is required for the proper determination of the case.
23
Time for appeals
An appeal referred to in section twenty-one shall be brought within one month after
the date of the decision or order of the Registrar in question.
24
Right of Registrar to appear at appeal
In any appeal in terms of section twenty-one, the Registrar may appear with the leave