PLANT VARIETY PROTECTION No. 82 37 guishable from any other variety of the same kind of plant of which the existence on that date is a matter of common knowledge; No. 22 of 1964), shall be deemed to have been designated as Registrar of Plant Breeders’ Rights in terms of this section. (c) uniform if, subject to the variation that may be expected from the particular features of the propagation thereof, it is sufficiently uniform with regard to the characteristics of the variety in question; (d) stable if the characteristics thereof remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle. (3) If the application of this Act is extended to a kind of plant to which this Act, or any law repealed by it, did not previously apply, the registrar may deem a variety of such a kind of plant which existed at the time of the extension to be new for the purposes of subsection (2)(a), notwithstanding the fact that propagating material or harvested material thereof was sold or disposed of prior to the periods of time referred to in that subsection. (4) If an application, in any country, for the grant of a plant breeder’s right in respect of, or for the entering in the official register of varieties of, a variety in fact leads to the grant of a plant breeder’s right in respect of, or to the entry in the official register of, that variety in the country in question, the existence of that variety shall as from the date of the application, for the purposes of subsection (2)(b), also be deemed to have been a matter of common knowledge. Section 4 Register of plant breeders’ rights (1) The registrar shall keep a register in which the prescribed particulars in respect of plant breeders’ rights granted in terms of this Act shall be entered. (2) The register shall, upon payment of the prescribed fee, be open for inspection at the office of the registrar during office hours. (3) The registrar shall furnish, at the request of any person and upon payment of the prescribed fee, a copy of any particulars in the register or a certificate in respect thereof. (4) The register kept in terms of section 4 of the Plant Breeders’ Rights Act, 1964, (Act No. 22 of 1964) shall be incorporated in and form part of the register to be kept under this section, and any document supplied to the registrar under that Act in terms of any provision thereof, shall be deemed to have been furnished to the registrar under the corresponding provision of this Act. Section 5 Register to be evidence Section 3 (1) The register shall be prima facie evidence of all matters directed or authorized by the Act to be noted therein. Designation of registrar (1) The Minister shall designate an officer in the department as the Registrar of Plant Breeder’s Rights, who shall be the authority to whom the protection of varieties is entrusted, and who shall exercise the powers to or imposed upon the registrar under this Act. (2) The registrar shall exercise his or her powers and carry out his or her duties subject to any instructions issued by the Minister. (3) (a) The registrar may authorize any officer, or with the approval of the Minister any person who is not an officer, to exercise or carry out any power or duty of the registrar. (b) Any decision made or order given by any such officer or any such person, may be withdrawn or amended by the registrar, and shall, until it has been so withdrawn or amended, be deemed, except for the purposes of this paragraph, to have been made by the registrar. (4) The officer designated as registrar in terms of section 3(1) of the Plant Breeders’ Right Act 1964 (Act Act - page 3 (2) A certificate by the registrar to the effect that an entry has or has not been made in the register or that any other thing authorized by this Act to be done, has or has not been done, shall be prima facie evidence of the matters specified in that certificate. (3) A copy of an entry in the register or an extract from the register, certified by the registrar, shall be admitted in evidence in any court without further proof or production of the register. Section 5A Entering into of certain agreements by registrar The registrar may, with the approval of the Minister, granted with the concurrence of the Minister of Foreign Affairs and Information and the Minister of Finance, enter into an agreement with the appropriate authority in a convention country or an agreement country in terms of which the registrar may(a) obtain results of tests and trials undertaken by any such authority with a variety referred to in section 19(2) of this Act, from such authority; SOUTH AFRICA