SOUTH AFRICA
REGULATIONS RELATING TO
PLANT BREEDERS' RIGHTS
No. R. 1186
12 September 1997
The Deputy Minister of Agriculture, acting under section 44 of the Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976),
on behalf of the Minister of Agriculture(a) has made the regulations in the Schedule; and
(b) has repealed the regulations published
by Government Notices Nos. R. 2630 of 24 December 1980, R. 37 of 6 January 1984, R. 990, of 3 May 1985,
R. 1588 of 1 August 1986, R. 2349 of 14 November 19o6, R. 2341 of 16 October 1987, R. 1519 of 14 July 1989, R.
1975 of 15 September 1989, R. 1640 of 13 July 1990, R.74 of 18 January 1991, R. 989 of 10 May 1991, R. 2415 of
4 October 1991, R. 1493 of 29 May 1992, R. 1561 of 20 August 1993, R. 2039 of 29 October 1993, R. 2534 of
31 December 1993, R. 368 of 25 February 1994, R. 492 of 18 March 1994, R. 1075 of 10 June 1994, R. 1452 of
26 August 1994, R. 831 of 9 June 1995, R. 997 of 7 July 1995, R. 1611 of 20 October 1995, R. 287 of 23 February
1996, R. 1203 of 26 July 1996, R. 95 of 24 January 1997 and R. 308 of 28 February 1997.
Definitions
1.
Unless the context otherwise indicates, words and phrases in these regulations shall have the same meaning
assigned thereto in the Act, and"Director-General" means the Director-General: Agriculture; and
"the Act" means the Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976).
Kinds of plants in respect of which plant breeders' rights may be granted
2.
A plant breeder's right, the contents and mode of exercise of which are as determined in the Act and these
regulations, may be granted in respect of varieties of the kinds of plants specified in column 1 of Table 1.
Submission of applications
3. (1) An application for the grant of a plant breeder's right shall be submitted to the registrar on a form which is
obtainable from the offices of the registrar in Pretoria for this purpose.
(2)
Such application shall be accompanied by(a)
a description, on a technical questionnaire which is obtainable from the offices of the registrar in Pretoria for this
purpose, of a typical plant of the variety concerned and of the procedure to be used for the maintenance and
reproduction of the variety concerned;
(b)
such coloured illustrations as are required by the registrar, of a typical plant of the variety concerned;
(c)
such propagating material as is required by the registrar, of a typical plant of the variety concerned;
(d)
written proof, where applicable, of the title or authority of the legal representative or agent submitting such
application;
(e)
written authorisation from the breeder or owner of the variety in respect of which an application for a plant breeder's
right is submitted;
(f)
the application fee specified in item I of Table 2; and
(g)
the examination fees as specified in items 4 and 5 of Table 2.
Priority of applications