48 PLANT VARIETY PROTECTION No. 82 right in any variety of a kind of plant from a date determined by him or her and published in the same or later notice in the Gazette. (b) As from the date determined under paragraph (a) all rights and liabilities pertaining to the said plant breeder’s right shall be deemed to have been transferred to the State, and such rights shall as from that date vest in the Minister on behalf of the State. (2) The Minister shall pay the person who was the holder of the plant breeder’s right in question immediately prior to the date referred to in subsection (1)(a), such compensation as may be agreed upon or, failing agreement, as may be settled by arbitration. (5) Any person may within the prescribed period, on payment of the prescribed fee, in the prescribed manner lodge an objection to the grant of such alteration or supplementation. (6) The registrar may, after considering any objection lodged under subsection (5), approve the proposed alteration or supplementation, and shall by notice in the Gazette publish the prescribed particulars relating to an alteration or supplementation so approved. (7) The registrar shall forthwith publish by notice in the Gazette the prescribed particulars relating to an alteration or supplementation ordered under subsection (1)(a). Section 33 Section 32 Termination of plant breeder’s right Alteration of denomination (1) A plant breeder’s right shall terminate upon the expiry of the relevant period contemplated in section 21. (1) The denomination approved in respect of a variety may be altered or supplemented by the registrar(a) if ordered by the court on the application of a person who in law has a preferent claim to the use of the designation in question; (b) on the application of the holder of a plant breeder’s right in that variety; (c) if the information submitted to the registrar in the application for the 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 (d) if information comes to light which, if discovered earlier, would in the opinion of the registrar have resulted in the refusal of such denomination. (2) An application referred to in subsection (1)(b) shall be made to the registrar in the prescribed manner and shall be accompanied by the prescribed application fee. (3) If an alteration or supplementation becomes necessary on a ground referred to in paragraph (c) or (d) of subsection (1), the registrar shall in writing inform the holder of the relevant plant breeder’s right thereof and give the grounds on which the alteration or supplementation is deemed necessary, and such holder shall submit proposals for an alteration or supplementation within 60 days from the date of the notice to him. (4) If the register intends approving any proposal for the alteration or supplementation of a denomination under subsection (1)(b) or (3), he shall by notice in the Gazette publish such particulars relating to the intended alteration or supplementation as may be prescribed. (2) The registrar may terminate a plant breeder’s right prior to the expiry of the plant breeder’s right if(a) any information submitted to him or her in the application for such a right or in connection with such an application, was incorrect and if such a right would not have been granted if he or she had known that the information was incorrect; (b) information has come to light which, if discovered earlier, would have resulted in the plant breeder’s right being refused; (c) priority should be given under section 8 to any other application for the grant of a plant breeder’s right in the same variety; (d) the holder of the plant breeder’s right refuses or has failed to comply or is not in a position to furnish the registrar with propagating material of the relevant variety which conforms to the requirements of paragraph (a) of section 24(1); (e) the holder of the plant breeder’s right has failed to comply with any request under paragraph (b) of section 24(1), or he or she has prevented the registrar from undertaking an inspection referred to in section 24(2); (f) the holder of the plant breeder’s right refuses or has failed or is not in a position to submit a proposal for an alteration or a supplementation of a denomination after having been requested to do so under section 32(3); (g) the annual fee in terms of section 22 was not paid within the period referred to in that section; (h) the plant breeder’s right has been granted to a person who is not entitled thereto, unless it is SOUTH AFRICA Act - page 14