(c)
the person who lodged the objection against an application for the grant of a plant breeder's right shall be allowed to present
his or her case first and to call witnesses; and
(d)
the person who applied for the plant breeder's right shall then be allowed to present his or her case and to call witnesses.
(8)
After hearing all the evidence, the registrar shall reach a decision and thereafter in writing advise the person objecting and
the person who applied for the grant of the plant breeder's fight concerned, of his or her decision and of the grounds on which it is
based.
(9)
The registrar shall publish the particulars specified in item 3 of Table 3 in respect of an application for the grant of a plant
breeder's right when such application has lapsed because an objection against it has been upheld.
Consideration and examination of applications
9. (1) When the registrar undertakes tests and trials in terms of section 19 (2) of the Act in order to determine whether a variety of
a kind of plant specified in column 1 of Table 1, is a variety which qualifies for the grant of a plant breeder's right under section 2
of the Act, the examination fees specified in items 4 and 5 of Table 2 shall be payable to the registrar by the applicant concerned.
(2)
The amount payable in respect of the cost of results which are obtained from the appropriate authority in a convention
country or an agreement country in terms of section 19 (4) and (6) of the Act shall be the fee determined by the appropriate
country and shall be calculated at the rate of exchange between the monetary units of the Republic and the country concerned as on
the date of payment of such costs to the appropriate authority concerned.
(3)
The amount specified in item 6 of Table 2 shall be payable when the registrar provides the results of tests and trials
undertaken by him or her to the appropriate authority in a convention country or an agreement country.
(4) The particulars specified in items 4 and 5 of Table 3 shall respectively be published in respect of—
(a)
a plant breeder's right which has been granted; and
(b)
the refusal to grant a plant breeder's right.
Payment of annual fee
10. (1) The annual fee which is, in terms of section 22 of the Act, payable to the registrar during the currency of a plant breeder's
right in respect of a variety of a kind of plant specified in column 1 of Table 1 by the holder of such right shall be the amount
specified in item 7 of Table 2.
(2)
If the annual fee for a particular year has not been .!aid prior to or on 31 January of that year, an additional amount of 10
per cent of the appropriate fee referred to in sub-regulation (1) shall be payable in terms of section 22 (2) of the Act for each
month or portion of a month of late payment.
Period of plant breeders' rights
11.
The period for which a plant breeder's right in respect of a variety of a kind of plant specified in column 1 of Table 1 is
granted shall be as specified in column 3 of the said Table opposite the name of the kind of plant concerned.
Period of sole rights
11 (a). The holder of a plant breeder's right in respect of a variety of a kind of plant specified in column 1 of Table 1 shall during
the period specified in column 4 of the said Table opposite the name of the kind of plant in question, have the sole right referred to
in section 23 of the Act.
Notice of licences
12. (1) The holder of a plant breeder's right shall notify the registrar on a form which is obtainable from the offices of the registrar
in Pretoria for this purpose, of each licence which was issued by him or her in terms of section 25 of the Act.
(2)
Such notice shall be submitted to the registrar within 30 days from the date of issue of the licence concerned.
Application for compulsory licences