44 PLANT VARIETY PROTECTION No. 82 (7) Notwithstanding the provisions of subsection (6)(b) an ornamental plant in respect of which a plant breeder’s right has been granted and any part thereof which is normally sold for purposes other than granted and any part thereof, shall enjoy the protection of such right when it is used commercially as propagating material in the production of such ornamental plant or of a cut flower. (8) A notice in terms of subsection (2) shall, in any case where the holder of the plant breeder’s right in question is a citizen of, or is domiciled in, a convention country or an agreement country or, in the case of a juristic person, has a registered office in a convention country or an agreement country, be issued only if such holder can in terms of the laws of such country obtain corresponding protection in that country. Section 23A Infringement of plant breeder’s right A plant breeder’s right shall be infringed by any person who(a) not being the holder of the plant breeder’s right, performs, or causes to be performed, an act contemplated in section 23(1) without a licence obtained under section 25 or 27; (2) The registrar may undertake any inspection in connection with any matter referred to in subsection (1) which he may deem necessary. Section 24A Power to enter premises, carry out inspections, take samples and seize certain articles (1) The registrar, an officer in the department or a person referred to in section 3(3)(a) may, on the authority of a warrant issued under subsection (3), at any reasonable time(a) enter and inspect any place, premises or vehicle in or upon which any plant, propagating material, substance or other article in respect of which this Act applies, is or is upon reasonable grounds suspected to be produced, reproduced, bred, cultivated, processed, treated, prepared, tested, examined, analyzed, classified, prepackaged, marked, labeled, held, kept, packed, removed, transported, exhibited or sold; (b) direct a person in control of or employed at such place, premises or vehicle to- (b) has obtained a licence under section 25 or 27 but fails to comply with any term or condition thereof; (i) deliver any book, record or other document that pertains to that plant, propagating material substance or other article and which is in the possession or under the control of that person; (c) uses the approved denomination of a protected variety under any other denomination than the approved denomination of that variety. (ii) furnish such information as he or she has with regard to that plant, propagating material, substance or other article; (iii) render such assistance as the registrar, officer or person requires to enable him or her to perform his or her functions in terms of this Act; Section 24 Maintenance of reproductive material (1) The holder of a plant breeder’s right shall ensure that he is in a position during the currency of the right- (c) inspect any book, record or other document and make copies thereof or excerpts therefrom; (a) to furnish the registrar on request with propagating material of the variety in respect of which the right was granted and which is capable of reproducing the said variety in such a manner that the characteristics thereof correspond with those described at the time of the grant of the relevant right; (d) seize any plant, propagating material, substance, book, record or other document or article which is or may be relevant to a prosecution under this Act and keep it in his or her custody provided that the person from whose possession or control any book, record or document has been taken, may, at his or her own expense and under the supervision of the registrar, officer or person concerned make copies thereof or excerpts therefrom; (b) on request to give to the registrar the information and to accord him the facilities deemed necessary by him to satisfy himself that such holder is maintaining propagating material which conforms to the requirements referred to in paragraph (a). (e) take samples of any plant, propagating material, substance or other article used or intended for use in the production, reproduction, breeding, cultivation, processing, treatment, preparation, testing, examining, analyzing, classification, prepackaging, marking, labeling, holding, keeping, packing, SOUTH AFRICA Act - page 10