19
Rejection of application
(1) The registrar may reject an application for the recognition of a variety if it
appears to him(a)
that the application does not comply with any provisions of this Act;
(b)
that the variety in respect of which the application is made(i)
has previously been recognised in terms of this Act or the Seeds Act,
1961 (Act 28 of 1961);
(ii)
does not comply with any provision of this Act; or
(iii)
does not belong to a kind of plant to which this Act applies;
(c)
that the applicant is not under this Act entitled to make the application;
(d)
that the application contains a material misrepresentation;
(e)
that the application fraudulently affects the rights of the holder of a plant
breeder's right granted in terms of the Plant Breeders' Rights Act, 1976, or
of the person to whom provisional protection has been granted in terms of
that Act;
(f)
that the applicant refuses or has failed or is not able(i)
to propose an acceptable denomination; or
(ii)
to furnish a written undertaking or suitable guarantee referred to in
section 18 (4) after having been requested to do so;
[Para. (f) substituted by s. 12 of Act 39 of 1983.]
(g)
that the propagation of the variety in question would require repeated use of
plants or propagating material of another variety for which plant breeders'
rights have been granted to or applied for by another person under the Plant
Breeders' Rights Act, 1976, unless such plants are or such propagating
material is used under a licence issued in terms of that Act; or
(h)
that the description submitted does not clearly describe the variety; or
(i)
that the provisions of section 18 have not been complied with at the filing of
the application.
[Para. (i) added by s. 15 of Act 25 of 1996.]