PLANT VARIETY PROTECTION No. 82 53 the registrar under this Act, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year(a) if he buys, sells, acquires or traffics in any plant breeder’s right or an interest therein; (b) if he acquires, otherwise than in the course of his duties, or sells any propagating material of a variety in respect of which a plant breeder’s right has been granted or applied for. (2) Any purchase, sale, acquisition or assignment of any plant breeder’s right by or to the registrar or any such officer shall be of no force and effect. (3) Any reproductive material acquired by the registrar or such an officer shall be forfeited to the State. (6) In addition to any other remedy, a competent court may, in proceedings due to the infringement of a plant breeder’s right, make an order in respect of the custody, surrender or disposal of any book, document, plant, propagating material, product, substance or other article. Section 48 Assignment of powers and duties by Minister The Minister may either generally or in any particular case or in relation to particular property assign to any officer of the department any power conferred or duty imposed upon him under this Act, other than a power referred to in section 31 or 44. Section 49 (4) Nothing in this section contained shall apply to the person who bred, or discovered and developed, a variety of a plant or to any acquisition by inheritance. Limitation of liability No compensation shall be payable by the State, the Minister, the registrar or an officer in respect of any act done in good faith under this Act. Section 47 Compensation in respect of infringement of plant breeder’s right Section 50 (1) The holder of a plant breeder’s right may upon proof of an infringement of that right and without proof of damages which might arise from such infringement, recover by action in any competent court from the person who infringed the plant breeder’s right compensation in respect of such infringement in an amount not exceeding R 10,000. (2) An action under subsection (1) shall be available to the holder in lieu of any action of damages in any amount which might arise from the relevant infringement. (3) An action referred to in subsection (1) or (2) shall not be instituted while the relevant plant breeder’s right or variety is the subject of(a) an objection which in terms of this Act is to be determined by the registrar; or (b) an appeal which in terms of section 42 is to be decided by the board. (4) The holder of a plant breeder’s rights or any person to whom a licence has been granted under section 25 or 27, the holder of the relevant plant breeder’s right shall be joined as a party to those proceedings. (5) In the case of proceedings referred to in subsection (4), instituted by a person to whom a licence has been granted under section 25 or 27 the holder of the relevant plant breeder’s right shall be joined as a party to those proceedings. Act - page 19 [Section 50 repealed by section 29 of Act No. 15 of 1996] Section 51 Plant breeder’s rights granted in terms of Act 22 of 1964 (1) A final or provisional plant breeder’s right granted in terms of the provisions of the Plant Breeders’ Rights Act, 1964, before the commencement of this Act, shall be deemed to be a plant breeder’s right granted under this Act, and every provision of this Act, other than the provisions of section 22, shall mutatis mutandis apply with reference to any such plant breeder’s right. (2) Any application for a plant breeder’s right which was received by the registrar before the commencement of this Act but in respect of which a final plant breeder’s right was not granted under section 15 of the Plant Breeders’ Rights Act, 1964, before such commencement, shall be dealt with in all respects as if this Act had commenced on the date of receipt of such application. Section 52 Repeal of laws The Plant Breeders’ Rights Act, 1964 (Act 22 of 1964), and the Plant Breeders’ Rights Amendment Act, 1969 (Act 72 of 1969), are hereby repealed. SOUTH AFRICA