PLANT VARIETY PROTECTION No. 82 47 (b) which may at any time be reviewed by the registrar by reason of representation made to him for the amendment or withdrawal thereof. (4) In settling the terms of a compulsory licence the registrar shall endeavor to ensure that propagating material of the variety in question shall be available to the public at reasonable prices consistent with the holder of a plant breeder’s right deriving a reasonable advantage therefrom. (2) (a) A compulsory licence may be granted to any person whether or not the holder of the relevant plant breeder’s right has granted a licence under section 25 to any other person. (b) The issue of a compulsory licence shall not prevent the holder of the plant breeder’s right from granting additional licences in terms of section 25. Section 28 expedient, and each joint holder shall give effect to any such direction. (5) If any person who is required to give effect to any direction under subsection (4) fails, within the period determined by the court or, failing such a determination, after being requested in writing to do so by any joint holder of the relevant right, to execute any instrument or to do any act or thing required to give effect to the direction, the court may empower any person to execute the instrument in question or to do the act or thing in question in the name of and on behalf of the person so failing. Section 29 Transfer of the plant breeder’s right (1) The holder of a plant breeder’s right under this Act or the Plant Breeder’s Right Act 1964 (Act No. 22 of 1964), shall, within the prescribed period after such right or any part thereof has been transferred to another person in the prescribed manner and upon payment of the prescribed fee- Joint holders of plant breeder’s right (1) Where a plant breeder’s right is, after the commencement of this Act, granted to two or more persons jointly, each such person shall, subject to any written agreement to the contrary between them, be entitled(a) to an equal share in such right; (b) to undertake in connection therewith for his own benefit any activity referred in section 23, if he discloses any such activity to the other joint holders; and (c) to institute any action in respect of any infringement of that right. (2) A joint holder of a plant breeder’s right shall not without the consent of the other joint holders be entitled- (a) inform the registrar of the name and address of the person to whom the right or part thereof has been transferred; and (b) furnish the registrar with proof that a notice of such transfer has been served on every person licenced in respect of that right. (2) A person to whom a plant breeder’s right or any part thereof has been transferred shall, if he or she appoints an agent with respect to such right, within the prescribed period and in the prescribed manner inform the registrar of the name and address of such agent. (3) The registrar shall by notice in the Gazette publish such particulars relating to a transfer of a plant breeder’s right of which he is informed under this section, as may be prescribed. (a) to grant a licence under section 25; or Section 30 (b) to transfer the whole or any part of his interest in such right. (3) Where an action is founded on the sale of any propagating material by a joint holder of a plant breeder’s right, such joint holder shall for the purposes of the action be deemed to be the sole holder of the plant breeder’s right. (4) The court may upon the application of any joint holder of a plant breeder’s right and after giving to any other joint holder of the right an opportunity of being heard, give any direction with regard to the transfer of the right or any part thereof, or with regard to the grant of any licence in respect of the right, or with regard to the use and development of the right, as appears just and Act - page 13 State bound by plant breeder’s right (1) Subject to the provisions of subsection (2), a plant breeder’s right shall in all respects bind the State in the same way as it binds any other person. (2) No fees payable under this Act shall be payable by the State. Section 31 State may take over plant breeder’s right (1) (a) The Minister may after consultation with the Minister of Finance by notice in the Gazette take over on behalf of the State the plant breeder’s SOUTH AFRICA