(b)
shall 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)
shall be different from every denomination which designates existing
varieties of the same or a closely related kind of plant;
(d)
shall not be inimical to public order or contrary to morality; and
(e)
shall comply with such further requirements as the registrar may determine.
(4) (a) A denomination shall, subject to the provisions of paragraph (b), not be
identical with or similar to or liable to lead to confusion with a designation which enjoys
the protection accorded to a mark within the meaning of the Trade Marks Act, 1963 (Act
62 of 1963), and which applies to plants or propagating material or the use in connection
therewith or in connection with a product thereof.
(b) If the denomination of a variety proposed by a person under subsection (3) is a
designation in respect of which he enjoys the protection referred to in paragraph (a), the
registrar shall not approve such denomination unless such person in writing renounces his
right to such mark as from the date on which the variety in question is recognized.
18
Consideration and examination of applications
(1) The registrar shall consider every application for the recognition of a variety
and all documents and any other proof submitted to him in connection therewith in order to
ascertain whether the application complies with the requirements of this Act.
(2) The registrar shall, in order to enable him or her to determine whether a variety
may be recognized(a)
undertake or cause to be undertaken such tests and trials as he or she may
deem necessary with a variety in respect of which an application is being
considered under subsection (1); or
(b)
use the results of tests and trials undertaken with that variety and obtained
by him or her in terms of an agreement referred to in section 15A (a).
[Sub-s. (2) substituted by s. 14 (a) of Act 25 of 1996.]
(3) A person whose application is being considered shall, for the purposes of such
tests and trials and at the time and place determined by the registrar(a)
subject to the provisions of subsection (4), pay the appropriate prescribed
examination fee; and