[Para. (c) substituted by s. 12 (b) of Act 25 of 1996.]
(3) (a) The registrar may, on good cause shown by the applicant in writing, give
written exemption from compliance with the requirement referred to in subsection (2) (c).
(b) Neither the registrar nor the State shall be liable for any claim as a result of an
exemption granted in terms of paragraph (a).
[Sub-s. (3) added by s. 12 (c) of Act 25 of 1996.]
17
Requirements for recognition of variety
(1) A variety may be recognised if(a)
it is clearly distinguishable from any other variety of the same kind of plant
of which the existence is a matter of common knowledge at the time of the
filing of the application;
[Para. (a) substituted by s. 13 (a) of Act 25 of 1996.]
(b)
it is, subject to the variation that may be expected from the particular
features of the propagation of the variety, sufficiently uniform with regard
to the characteristics thereof;
[Para. (b) substituted by s. 13 (a) of Act 25 of 1996.]
(c)
it is stable in that the characteristics of the variety remain unchanged after
repeated propagation or, in the case of a particular cycle of propagation, at
the end of each such cycle; and
[Para. (c) substituted by s. 13 (a) of Act 25 of 1996.]
(d)
it is identified by a denomination which complies with the provisions of
subsections (3) and (4).
(2) A characteristic referred to in subsection (1) (a) shall be of such a nature that it
is clearly recognizable and describable.
[Sub-s. (2) substituted by s. 13 (b) of Act 25 of 1996.]
(3) The denomination of a variety for which an application for recognition is being
considered shall be proposed by the person who applies for such recognition and(a)
shall be suitable to identify a variety;