(1) An application in terms of section seven shall be accompanied by—
(a)
a complete description of the plant concerned; and
(b)
samples of reproductive material necessary for the reproduction of the
plant concerned in such quantities as the Registrar may require.
(2) The description referred to in paragraph (a) of subsection (1) shall—
(a)
commence with a title naming the plant concerned or giving it a
temporary designation until the grant of plant breeders rights; and
(b)
contain or be accompanied by such other particulars as may be
prescribed or required by the Registrar; and
(c)
specify the procedure to be used for the maintenance and reproduction
of the plant concerned.
(3) The Registrar may require—
(a)
that the plant concerned or the plant or plants from which it originated
be shown to him or to a person designated by him; and
(b)
that any additional information or specimens which he considers
necessary to determine whether or not the plant concerned constitutes a new variety
be furnished to him.
9
Naming of plant concerned
(1) The name of the plant concerned shall be proposed by the person who applies for
the grant of plant breeders rights but such name shall be subject to the approval of the
Registrar.
(2) The Registrar may at any time before the grant of plant breeders rights, after
considering any representations made by the applicant or an objector, reject any name
proposed in terms of subsection (1) if, in the Registrar’s opinion, the name proposed
does not satisfy the requirements of subsection (3) or (4).
(3) The name proposed in terms of subsection (1) shall be the generic name of the
plant concerned and may consist of any word, combination of words, combination of
words and figures or combination of letters and figures, with or without any meaning:
Provided that—
(i)
whatever combination is used, the name shall allow the plant
concerned to be identified; and
(ii)
the name shall not affect the existing rights of any third party.
(4) Where a name proposed in terms of subsection (1) has already been used for the
plant concerned in Zimbabwe or in a State which is a party to the Convention, or is
proposed or registered in such a State, the Registrar shall approve only that name.
(5) An appeal shall lie from any decision of the Registrar under subsection (2).
[substituted by Act 11 of 2001 with effect from 27 July, 2001]
10
Refusal of application
(1) The Registrar may refuse any application made in terms of section seven if prima
facie it appears to him that—
(a)
the application does not comply with the requirements of this Part; 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 in terms of this Act to make the
application; or
(d)
the growing of the plant concerned, or the grant of plant breeders
rights in respect of it, would be contrary to public order or morality; or
[substituted by Act 11 of 2001 with effect from 27 July, 2001]
(e)
the production of the plant concerned would require the repeated use
of the reproductive material of another plant variety for which plant breeders rights
have been granted to or applied for by another person unless such reproductive