4. (1) If more than one application for the grant of a plant breeder's right in respect of the same variety is received by the registrar,
the registrar shall subject to the provisions of section 8 (2) of the Act, give priority to the application first received.
(2)
A claim to give priority in terms of section 8 (2) of.. the Act to an application for the grant of a plant breeder's right in
respect of a variety which is preceded by an application by or on behalf of the same applicant for the protection of the rights in the
same variety in a convention country or an agreement country, and which has been deposited in accordance with the laws in force
in that country shall—
(a)
be lodged with the registrar on a form which is obtainable from the offices of the registrar in Pretoria for this purpose;
(b)
be lodged within 12 months from the date on which the application for the protection of the rights in the same variety was
duly deposited in a convention country or an agreement country; and
(c)
be accompanied by the fee specified in item 2 of Table 2.
(3)
Such claim for priority shall within. six months from the date on which it was lodged to the registrar, be confirmed by
submitting to the registrar a copy, certified as correct by the appropriate authority in the convention country or agreement country
in question, of each document which constitutes the relevant preceding application.
(4)
The period referred to in section 8 (4) of the Act, within which an application thus given priority shall be confirmed by
supplementing it in any respect necessary in order to comply with the requirements of the Act shall be four years: Provided that if
the preceding application in a convention country or an agreement country is withdrawn or rejected, the registrar may require that
such supplementation be completed at an earlier date.
Denominations for varieties
5. (1) The denomination which is proposed for a variety in terms of regulation 3 (2i (c) shall(a)
be suitable to identify the variety;
(b)
not be such as to be liable to mislead or to lead to confusion concerning the characteristics, value or identity of the variety
in question or the identity of the breeder thereof;
(c)
be different from each denomination which distinguishes existing varieties of the same or a closely related kind of plant in a
convention country or an agreement country;
(d)
subject to the provisions of sub-regulation (3) not be identical with or similar to, or liable to lead to confusion with a mark
which enjoys the protection accorded thereto by the Trade Marks Act, 1963 (Act No. 62 of 1963), and which applies to
propagating material or the use in connection therewith or in connection with a product thereof;
(e)
not be inimical to public order or contrary to, morality; and
(f)
be the same in all convention countries or agreement countries.
(2)
If the registrar considers a denomination proposed for a variety as unsuitable, the applicant concerned shall submit a
translation thereof or some other denomination acceptable to the registrar, within two months from the date on which he or she was
directed in writing to do so.
(3)
Notwithstanding anything to the contrary contained in these regulations-
(a)
a mark referred to in sub-regulation (1) (d) may only be approved as a denomination for a variety if the applicant concerned
submits documentary proof that the holder of the mark concerned renounces his or her right to such mark as from the date
on which a plant breeder's right to the variety is granted; and
(b)
the denomination approved by the registrar for a variety in respect of which protection has been granted by, or an
application for protection has been lodged with the appropriate authority in a convention country or an agreement country
in accordance with the laws in force in that country shall be the same as the denomination thus protected or thus applied for
in such country, on condition however that the provision of subparagraph (a) are complied with and that a priority claim on
such denomination is not proved by another person.
(4)
When a variety is advertised, offered for sale or marketed, it shall be permitted to associate a trademark, trade name or
other similar indication with a registered variety denomination.