PLANT VARIETY PROTECTION No. 82 39 different convention countries or agreement countries, the period referred to in subsection 2(a) shall be calculated from the date on which the earliest of such applications was deposited with the appropriate authority. known in any other country, unless the registrar considers the denomination unacceptable in which case the applicant shall submit an alternative denomination. (7) If the registrar has given priority to an application under subsection (2), no matter referred to in section 2(4) which occurs within the period referred to in subsection (2)(a) of this section, shall constitute a ground of objection to such application. Section 11 (8) Any priority given to an application under subsection (2) shall lapse if any document referred to in subsection (3) or (4) is not submitted within the relevant period. (9) Where an application for a plant breeder’s right has been received by the registrar and a new application in respect of any part of the subject-matter of the firstmentioned application is made by the same applicant before a plant breeder’s right has been granted, the registrar may direct that the new application be antedated to a date not earlier than the date on which such firstmentioned application was received by him. (10)Where an application received by the registrar is amended otherwise than by way of explanation or correction before the application is published in terms of section 13, the registrar may direct that the date of the application shall be the date on which it is amended or, if it has been returned to the applicant, the date on which it is again received by the registrar. Section 9 [Section 9 repealed by section 7 of Act No. 5 of 1980] Rejection of application (1) The registrar may reject an application made to him under section 7 if it appears to him(a) that the application does not comply with any provision of this Act; (b) that the variety in respect of which the application is made(i) is not a variety referred to in section 2; (ii) does not comply with any provision of this Act; or (iii) does not belong to a prescribed kind of plant; (c) that the applicant is not under this Act entitled to make the application; (d) that the application contains a material misrepresentation; (e) that the application fraudulently affects the rights of the holder of a plant breeder’s right or of the person to whom provisional protection has been granted in terms of section 14; (f) that the applicant refuses or has failed or is not able to propose an acceptable denomination; Section 10 Denomination of variety (1) The denomination of a variety referred to in section 2 shall comply with the prescribed requirements and be proposed by the person who applies for the grant of a plant breeder’s right in respect thereof, and such denomination shall be subject to the approval of the registrar. (2) No denomination, other than the approved denomination of a variety, may at any time, whether before or after the expiry of the term of the plant breeder’s right granted in respect thereof, be used in connection with such variety. (g) that the propagation of the variety in question would require repeated use of propagating material or another variety for which plant breeders’ rights have been granted to or applied for by another person, unless such propagating material is used under a licence issued in terms of section 25 or 27; (h) that the description submitted does not clearly describe the variety; (3) The provisions of subsection (2) shall not be construed so as to prohibit the proprietor or other registered user of a mark to use such mark in conjunction with the denomination in respect of which a plant breeder’s right has been granted. (i) that, where such application has been 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, the description submitted to him or her differs from the description submitted in such preceding application or that the description in such preceding application does not describe a variety referred to in section 2; or (4) A variety shall be submitted to the registrar under the same denomination as the denomination by which it is (j) that the provisions of section 19 have not been complied with at the filing of the application. Act - page 5 SOUTH AFRICA