and such conduct shall not be an infringement of the applicant’s rights
under subsection (1).
[inserted by Act 11 of 2001 with effect from 27 July, 2001]
13
Objection to grant of plant breeders rights
(1) Any person may, within three months of the publication of the notice in terms of
subsection (1) of section twelve, lodge with the Registrar in writing an objection to
the grant of plant breeders rights on any of the following grounds and no others—
(a)
that the application does not comply with this Part;
(b)
that the application is a fraud of the rights of the objector or of any
person under or through whom he claims the rights;
(c)
that the applicant is not entitled to make the application;
(d)
that the application contains a material misrepresentation;
(e)
that the plant concerned is not a new variety;
(f)
that the plant concerned is not of a prescribed kind;
(g)
that the name proposed for the plant concerned should be rejected or
altered in terms of section nine;
(h)
that the plant concerned has been reproduced by the repeated use of
the reproductive material of a plant of another variety for which plant breeders rights
have been granted to or applied for by a person other than the applicant, unless such
reproductive material is used under a licence granted in terms of section eighteen or
nineteen;
(i)
that the description of the plant concerned does not clearly describe
the variety of the plant;
( j)
......
(k)
......
[subparas ( j) and (k) repealed by Act 11 of 2001 with effect from 27 July, 2001.]
(2) A notice of objection in terms of subsection (1) shall—
(a)
specify the grounds on which the objector objects to the grant of plant
breeders rights; and
be accompanied by a statement setting out particulars of the facts
(b)
alleged in support of the said grounds.
(3) The Registrar may require that a notice lodged in terms of this section be
supported by an affidavit and such other proof as he thinks necessary.
(4) If the applicant for plant breeders rights wishes to contest the allegations of the
objector, he shall, within three months, or such further period as the Registrar may
allow, from the date he is furnished with a copy of the notice of objection, lodge with
the Registrar a counter-statement setting out particulars of the grounds upon which he
will contest the objection.
(5) The Registrar shall furnish—
(a)
an applicant for plant breeders rights with a copy of any notice of
objection lodged in terms of subsection (1);
(b)
an objector with a copy of any counter-statement lodged in terms of
subsection (4).
(6) An objection in terms of subsection (1) or counter-statement in terms of
subsection (4) may be lodged by the Minister on behalf of the State.
(7) The Registrar shall, after hearing the parties if so required and considering the
evidence, decide whether or not the objection should be upheld, and if he—
(a)
upholds the objection and, in the case of an objection on the grounds
referred to in paragraph (g) of subsection (1) the applicant does not alter the name of
the plant concerned, the Registrar shall reject the application and shall—
(i)
forthwith notify the applicant and the objector in writing of such