APPLICATIONS FOR AND GRANT OF PLANT BREEDERS RIGHTS
6
Persons entitled to make application for plant breeders rights
(1) Subject to subsection (2), an application for the grant of plant breeders rights in
respect of a new variety may be made by or on behalf of any of the following
persons—
(a)
a breeder of the new variety or his assignee; or
(b)
the Minister, where the State is the breeder of the new variety or the
breeder’s assignee; or
(c)
the competent authority according to the laws of the country
concerned, where the government of a reciprocating country is the breeder of the new
variety or the breeder’s assignee;
and may be made by that person alone or jointly with any one else who is a breeder of
the new variety or his assignee.
(2) An application for the grant of plant breeders rights shall be made only by a
person to whom the rights may be granted in terms of section three A.
[substituted by Act 11 of 2001 with effect from 27 July, 2001]
7
Application for plant breeders rights and effective date thereof
(1) An application for the grant of plant breeders rights shall be—
(a)
made in the prescribed form; and
(b)
lodged with the Registrar in the prescribed manner.
(2) An assignee making or joining in an application shall furnish such proof of title or
authority as the Registrar may require or as may be prescribed.
(3) An application in terms of subsection (1) shall be lodged with the Registrar and—
(a)
shall indicate the origins of the plant concerned and give the full name
of the breeder; and
(b)
where the applicant or one of the applicants is not the breeder of the
plant concerned, shall contain a declaration that the applicant believes the person
named as the breeder to be the breeder of the plant concerned; and
(c)
shall specify any foreign country where an application for the grant of
rights similar to plant breeders rights has been or is being made and, in relation to any
such application, shall specify—
(i)
its number or title; and
(ii)
its effective date.
[subs (3) substituted by Act 11 of 2001 with effect from 27 July, 2001]
(4) Subject to subsection (5), the effective date of an application in terms of
subsection (1) shall be the date on which the application is received by the Registrar.
[subs (4) substituted by Act 11 of 2001 with effect from 27 July, 2001.]
(5) Where the person by or on whose behalf an application is made in terms of
subsection (1) has filed an earlier application for rights in regard to the plant
concerned in a State which is a party to the Convention, the effective date of his
application in terms of subsection (1) shall be deemed to be the date on which that
earlier application was filed or, where he has filed two or more such earlier
applications, the date on which the earliest one was filed:
Provided that he shall not be entitled to the benefits of this subsection unless, in his
application in terms of subsection (1), he claims the priority of his earlier application
and, within three months after lodging his application with the Registrar in terms of
subsection (1), submits to the Registrar a copy of the documents which constituted
the earlier application, certified to be a true copy by the authority with which the
earlier application was filed.
[subs (5) substituted by Act 11 of 2001 with effect from 27 July, 2001.]
8
Description and samples of new variety