(5)
A trademark, trade name or other similar indication referred to in section (4) shall not be used alone without the variety
denomination which must at all times be easily recognisable.
Publication of applications
6. (1) The particulars specified in item 1 of Table 3 shall be published in terms of section 13 (1) of the Act in respect of an
application for the grant of a plant breeder's right which has not been rejected by the registrar in terms of section 11 of the Act.
(2)
The particulars specified in item 2 of Table 3 shall be published in terms of section 13 (2) of the Act in respect of an
application for the grant of a plant breeder's right which has been withdrawn before a plant breeder's right has been granted in
respect of the variety concerned.
Grant of provisional protection
7.
An application for a protective direction in terms of section 14 of the Act with a view to the provisional protection of the
plant breeder's right which may be granted in respect of a variety shall be submitted on a form which is obtainable from the offices
of the registrar in Pretoria for this purpose.
Objections against applications for the grant of plant breeders' rights
8. (1) An objection against an application for the grant of a plant breeder's right shall—
(a)
be lodged with the registrar in writing within six months from the date on which the particulars relating to the application
concerned were published in terms of section 13 (1) of the Act;
(b)
state the name and address of the person objecting;
(c)
indicate the published particulars of the application concerned;
(d)
subject to the provisions of section 17 (2) of the Act, state the grounds on which it is based; and
(e)
be accompanied by the fee specified in item 3 of Table 2.
(2)
The registrar may direct that such objection be substantiated by such proof as may be deemed necessary.
(3)
A person thus objecting shall serve a copy of any document and other proof lodged in terms of sub-regulations (1) and (2)
on the person who submitted the application concerned and shall furnish the registrar with proof of such service.
(4)
A counter-statement against such objection by the person who has submitted the application concerned shall—
(a) be lodged with the registrar in writing within 60 days, or such further period as the registrar may allow, from the date on which
such person has received the relevant objection and other proof referred to in sub-regulation (2);
(b) indicate the published particulars of the application concerned; and
(c) set out the particulars of each ground upon which any allegation of the person objecting, is contested.
(5)
The person lodging such counter-statement shall serve a copy thereof on the person objecting and shall furnish the registrar
with proof of such service.
(6)
The registrar shall notify the person who objected against the application for the grant of a plant breeder's right, the person
who applied for the plant breeder's right and the person or persons appointed to assist him or her in hearing the objection in writing
of the date and time on which and the place at which the objection will be heard.
(7)
At the hearing of an objection against an application for the grant of a plant breeder's right—
(a)
any person referred to in sub-regulation (6) will be allowed to call witnesses during the hearing and to cross-examine other
witnesses;
(b)
the onus rests with each person to notify his or her witnesses of the date, place and time of the hearing and to ensure their
presence at the hearing;