of the Administrative Court.
25
References by Registrar to Administrative Court
(1) It shall be the duty of the Registrar to notify the Administrative Court forthwith of
any appeal which has been lodged with him against any decision or order.
(2) Where any matter to be decided by the Registrar under this Act appears to him to
be of unusual importance or complexity, he may refer that matter to the
Administrative Court for decision and shall thereafter in relation to that matter act in
accordance with the decision of the Administrative Court.
PART IVA
REMEDIES FOR INFRINGEMENT OF PLANT BREEDERS RIGHTS
25A Court that may hear proceedings for infringement of plant breeders rights
Proceedings for infringement of plant breeders rights may be instituted by the holder
of the rights or his assignee or licensee —
(a)
in the High Court; or
(b)
in the Administrative Court; or
(c)
subject to the jurisdictional limits provided for in the Magistrates
Court Act [Chapter 7:10], in a magistrates court.
[inserted by Act 11 of 2001 with effect from 27 July, 2001]
25B
Provisions applicable to proceedings for infringement of plant breeders rights
(1) Subject to any rules of court, the following provisions shall apply in connection
with proceedings for infringement of plant breeders rights—
(a)
any ground upon which the registration of the rights may be cancelled
in terms of section fifteen may be relied upon by way of defence;
(b)
the defendant or respondent may, by way of counterclaim in the
proceedings, apply for the cancellation of the registration of the rights;
(c)
the plaintiff or applicant shall, with the documents instituting the
proceedings or subsequently on the order of the court concerned, deliver full
particulars of the infringement complained of;
(d)
the defendant or respondent shall, with his statement of defence or
plea or replying affidavit or subsequently on the order of the court concerned, deliver
particulars of any objections on which he relies;
(e)
except with the leave of the court concerned, at the hearing no
evidence shall be admitted of any infringement or on any objection of which
particulars have not been delivered in terms of paragraph (c) or (d).
(2) In any proceedings brought under this section by a licensee, the holder of the plant
breeders rights concerned or his assignee shall be added as defendant or respondent,
as the case may be, unless he is joined as plaintiff or applicant:
Provided that a person so added as defendant or respondent shall not be liable for any
costs unless he takes part in the proceedings.
(3) If the holder of plant breeders rights or his assignee is the plaintiff or applicant in
any proceedings under this section, he shall give notice of the proceedings to any
licensee of the rights in question, and the licensee shall be entitled to intervene as a
co-plaintiff or co-applicant, as the case may be, and to recover any damages he may
have suffered a s a result of the infringement.
[inserted by Act 11 of 2001 with effect from 27 July, 2001]
25C Remedies available in proceedings for infringement
(1) Subject to this Act, in proceedings for infringement of plant breeders rights the
plaintiff or applicant shall be entitled to any appropriate remedy, whether damages,
interdict, attachment, the rendering of account, the delivery of infringing articles used
or intended to be used for the purposes of the infringement or otherwise, that is
available in respect of the infringement of any other proprietary right.