PLANT VARIETY PROTECTION No. 82 35 REPUBLIC OF SOUTH AFRICA Plant Breeders’ Rights Act No. 15 of 19761 (Assented to 15 March, 1976) (Date of Commencement: 1 November 1977) (English text signed by the State President) as amended by Plant Breeders’ Rights Amendment Act, No. 5 of 1980 Plant Breeders’ Rights Amendment Act, No. 14 of 1981 Plant Breeders’ Rights Amendment Act, No. 38 of 1983 Transfer of Powers and Duties of the State President Act, No. 97 of 1986 Plant Breeders’ Rights Amendment Act, No. 15 of 19962 ---------------ACT To provide for a system whereunder plant breeders’ rights relating to varieties of certain kinds of plants may be granted and registered; for the requirements which have to be complied with for the grant of such rights; for the protection of such rights and the grant of licences in respect of the exercise thereof; and to provide for incidental matters. Section 1 Definitions In this Act, unless the context indicates otherwise“advertise” means to distribute to members of the public or to bring to their notice in any manner whatsoever any written, illustrated, visual or other descriptive material, oral statements, communication, representation or reference with the intention to promote the sale of any plants or any propagating material of a variety referred to in section 2 or to encourage the use thereof or to draw attention to the nature, properties, advantages or uses thereof or to the manner in which or the conditions on which it may be purchased or otherwise be acquired; “agent” means a person, resident in the Republic, who has been duly authorized by an applicant, breeder or holder to act on his behalf in connection 1 2 with any matter regarding this Act, who is for such purpose recognized by the registrar in the prescribed manner if he complies with the prescribed requirements and in respect of whom the registrar has not been notified in the prescribed manner that such authorization has been terminated; “agreement country” means a country, including any colony, protectorate or territory subject to the authority or under the suzerainty of any other country and any territory over which a mandate or trusteeship is exercised, which the State President by proclamation in the Gazette declares to be an agreement country with a view to the fulfillment of a bilateral agreement concerning plant breeders’ rights between the Republic and such country; “applicant” means a person referred to in section 6 who applies in terms of section 7 for a plant breeders’ right; “board” means the board referred to in section 42; “breeder” in relation to a variety referred to in section 2, means (a) the person who bred, or discovered an developed the variety; Consolidated text kindly supplied by the authorities of the Republic of South Africa. Published in the Government Gazette of the Republic of South Africa, Vol. 370, No. 17138, of April 19, 1996. Act - page 1 SOUTH AFRICA