material is used under a licence granted in terms of section eighteen or nineteen.
(2) An appeal shall lie from any decision of the Registrar under subsection (1).
11
Amendment of application
With the consent of the Registrar, a person who has made an application in terms of
section seven may, at any time before the grant of plant breeders rights, add to or alter
the description lodged with his application or the proposed name of the plant
concerned.
12
Publication of application
(1) If, on consideration of an application in terms of section seven, it appears to the
Registrar that the plant concerned is a new variety of a prescribed kind and the
applicant is entitled to apply for plant breeders rights in respect of it, the Registrar
shall publish a notice in the Gazette specifying the following particulars in relation to
the application—
(a)
the name of the applicant; and
(b)
the date of the application; and
(c)
the proposed name of the plant concerned; and
(d)
such particulars relating to the application and the plant concerned as
may be prescribed or as the Registrar thinks appropriate.
(2) An appeal shall lie from any decision of the Registrar under subsection (1).
[substituted by Act 11 of 2001 with effect from 27 July, 2001]
12A Rights of applicant for plant breeders rights
(1) Subject to subsection (2), an applicant for plant breeders rights shall have the sole
right to sell, reproduce and multiply reproductive material of the plant concerned
during the period from the publication of the notice in terns if section twelve until he
is granted plant breeders rights or his application is refused or rejected in terms of this
Act.
(2) After the publication of a notice in terms of section twelve and until the applicant
is granted plant breeders rights in respect of the plant concerned or his application is
refused or rejected in terms of this Act—
(a)
a person may use the plant concerned as an initial source of variation
for the purpose of creating any other new variety:
Provided that this paragraph shall not apply where the plant concerned
is repeatedly used for the reproduction or multiplication of another variety;
(b)
a person who has purchased the plant concerned, or reproductive
material thereof, from the applicant or from a person authorised by the applicant may
grow and resell the plant and any material harvested from it:
Provided that he shall not do so for the sole or primary purpose of
reproducing or multiplying the plant concerned;
(c)
a farmer who cultivates less than ten hectares of land may use the
harvest from any prescribed plant for the purpose of propagating the plant on that
land, where the harvest was obtained by propagating the plant concerned on that land
or by propagating another plant, which is essentially derived from the plant
concerned, on that land;
(d)
a farmer who derives at least eighty per centum of his annual gross
income from farming on communal land or on resettlement land as defined in section
2 of the Rural District Councils Act [Chapter 29:13] may—
(i)
multiply the seeds of any prescribed plant; and
(ii)
exchange with any other such farmer—
A.
any prescribed plant which he has grown or reproduced on his land;
and
B.
any seeds from a plant referred to in subparagraph A;