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38 PLANT VARIETY PROTECTION No. 82 (b) furnish the results of the tests and trials- (3) The registrar may require- (i) undertaken by him in terms of section 19(2)(a) of this Act with a variety referred to in that section; or (a) that plants of the variety in question, or of the variety from which it originated, be shown to him; and (ii) undertaken by him with a variety in respect of which the appropriate authority concerned has submitted propagating material to him for such purpose, (b) that such additional information or specimens as he or she may deem necessary to determine whether or not the variety concerned constitutes a variety referred to in section 2, be furnished to him or her. to the authority concerned, if an application for the protection of the variety has been made in that other country in accordance with the laws in force in the country concerned; and Section 8 Priority and redating of applications (c) submit propagating material of a variety in respect of which application for a plant breeder’s right has been made to him to the authority concerned in order to have the necessary tests and trials undertaken therewith and to furnish the results thereof to him, against payment of the fees mentioned in the agreement. Section 6 Persons who may apply for plant breeders’ rights (1) An application for the grant of a plant breeder’s right may be made by the breeder of a variety of a kind of plant referred to in section 2. (2) An application referred to in subsection (1) may only be made by a person who(a) is a citizen of, or is domiciled in, the Republic or a convention country or an agreement country; or (b) in the case of a juristic person, has a registered office in the Republic or a convention country or an agreement country. Section 7 Application for plant breeder’s right (1) An application for the grant of a plant breeder’s right shall be made in the prescribed manner, be accompanied by the prescribed application fee and documents, and contain an address in the Republic to which any notice or communication may be sent. (2) An application under subsection (1) by a person who is not resident in the Republic or, in the case of a juristic person, which does not have a registered office in the Republic shall be submitted only through an agent. (1) The effective date of an application in terms of section 7 shall be the date on which it is received by the registrar, and if more than one application in respect of the same variety is received, priority shall be given by the registrar in accordance with the regulations. (2) If an application in terms of section 7 is preceded by an application by or on behalf of the same applicant for protection of the same variety in a convention country or an agreement country and the last-mentioned application has been deposited in accordance with the laws in force in that country, the registrar shall, notwithstanding the provisions of subsection (1) of this section, give priority to the first-mentioned application if(2) (a) it is submitted to the registrar in the prescribed manner within a period of 12 months of the date on which such preceding application was duly deposited in a convention country or an agreement country; (a) it is accompanied by a claim in respect of the priority thereof; and (b) it is accompanied by the prescribed application fee. (4) A claim referred to in subsection 2(b) shall within the prescribed period, which shall not be less than three months of the date on which it was submitted to the registrar, be confirmed by lodging with the registrar a copy, certified as correct by the appropriate authority in the convention country or agreement country in question, of each document which constituted the relevant preceding application. (5) An application given priority under subsection (2) shall, within the prescribed period, which shall not be less than two years, reckoned from the date on which the period of 12 months contemplated in subsection (2) expired, be confirmed by supplementing it in any respect necessary in order to comply with the requirements of this Act. (6) If two or more applications for the protection of the same variety have been deposited on different dates in SOUTH AFRICA Act - page 4

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