21
Alterations in and deletions from varietal list
(1) A denomination of a variety entered in the varietal list may be altered or
supplemented by the registrar(a)
on application made to him or her and on payment of the prescribed fees;
[Para. (a) substituted by s. 17 (a) of Act 25 of 1996.]
(b)
(c)
in the case of a denomination referred to in paragraph (a) or (b) of section
15 (1)(i)
if the information submitted to the registrar in the application for
approval of, or in connection with, the denomination in question was
incorrect and the registrar is of the opinion that such denomination
would not have been approved had he known that such information
was incorrect; or
(ii)
if information comes to light which, if discovered earlier, would in
the opinion of the registrar have resulted in a refusal to enter the
denomination in the varietal list; or
in the case of a denomination referred to in paragraph (c) of section 15 (1),
if the denomination is altered or supplemented under the Plant Breeders'
Rights Act, 1976.
(2) The registrar may delete the denomination of a variety entered in the varietal list
if (a)
any information submitted to him or her in the application for the
recognition of such variety or in connection with such an application was
incorrect and the variety would not have been recognised if he or she had
known that the information was incorrect; or
(b)
information has come to light which, if discovered earlier, would have
resulted in the refusal of such application; or
(c)
it is in the public interest to delete it; or
(d)
plants and propagating material of such variety capable of reproducing the
variety in such a manner that the characteristics thereof correspond with the
characteristics described at the time of the recognition thereof, cannot
readily be obtained; or
(e)
the variety no longer conforms to the requirements referred to in section 17;
or