PLANT VARIETY PROTECTION No. 82 41 spect of an infringement of a plant breeder’s right. Section 17 (5) The person objecting and the person who applied for the plant breeder’s right in question may, if he or she appears before the registrar at the hearing of an objection, be represented by an advocate or an attorney or by a patent agent registered under section 20 of the Patents Act, 1978 (Act No. 57 of 1978). Objection to grant of plant breeder’s right (1) Any person may within the prescribed period, in the prescribed manner and on payment of the prescribed fee, lodge an objection with the registrar to the grant of a plant breeder’s right in pursuance of an application in terms of section 7. (2) The applicant may within the prescribed period and in the prescribed manner lodge with the registrar a counter-statement against such objection. (6) The registrar shall, after the hearing of an objection, in writing advise the person objecting and the person who applied for the grant of the relevant plant breeder’s right, of his decision and of the grounds on which it is based. (7) An application in respect of which the registrar upholds an objection shall lapse, and the registrar shall by notice in the Gazette publish such particulars relating to the lapsing as may be prescribed. Section 19 Section 18 Consideration and examination of applications Hearing of an objection (1) An objection under section 17 shall be heard on the date and at the place and time fixed by the registrar, who shall advise the person objecting and the person who applied for the relevant plant breeder’s right, in writing thereof. (1) (a) The registrar shall consider every application for the grant of a plant breeder’s right published under section 13(1) and all documents and any other proof submitted to him in connection therewith, in order to ascertain whether the application complies with the requirements of this Act. (2) The registrar may in his discretion appoint one or more persons who, in his opinion, have experience in the administration of justice or skill in any matter which may be considered at the hearing, to assist and advise him with regard to the hearing of the objection, and the remuneration of any such person shall be as prescribed and shall be borne by the State. (b) Where an objection has been lodged under section 17, or an undertaking or a guarantee is required in terms of subsection (4)(b), the registrar shall delay considering the relevant application until the objection has been disposed of or the required undertaking or guarantee has been furnished. (3) The registrar may, for the purposes of the hearing of an objection- (2) The registrar shall, in order to enable him or her to determine whether a variety qualifies for the grant of a plant breeder’s right under section 2- (a) summon any person who, in his opinion, may give material information concerning the subject of the hearing or who he believes has in his possession or custody or under his control any document which has any bearing upon the subject of the hearing, to appear before him at a time and place specified in the summons, to be interrogated or to produce that document, and the registrar may retain for examination any document so produced; (a) undertake or cause to be undertaken such tests and trails as he or she may deem necessary with a variety in respect of which an application is being considered under subsection (1); or (b) use the results of tests and trails obtained from the appropriate authority in a convention country or an agreement country in terms or an agreement referred to in section 5A. (b) administer an oath to or accept an affirmation from any person called as a witness at the hearing; and (3) The person whose application is being considered shall, for the purposes of such tests and trials and at such a time and place as the registrar may determine- (c) call any person present at the hearing as a witness and interrogate him and require him to produce any document in his possession or custody or under his control. (a) pay, subject to the provisions of subsection (4), the appropriate prescribed examination fee; and (4) The procedure at the hearing of an objection shall be as prescribed. (i) with the propagating material which he may require; Act - page 7 (b) furnish the registrar- SOUTH AFRICA