Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976)

26. Application for compulsory licence
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(1)Any person who is of the opinion that the holder of a plant breeder's right unreasonably refuses to grant him a licence under section 25, or that such a holder is imposing unreasonable conditions for the issue of such a licence, may in the prescribed manner and upon payment of the prescribed fee apply to the registrar for the issue to him of a compulsory licence in respect of the relevant plant breeder's right.

[Section 26(1) substituted by section 17(a) of Act No. 5 of 1980]

 

(2)[Section 26(2) deleted by section 17(b) of Act No. 5 of 1980]

 

(3)[Section 26(3) deleted by section 17(b) of Act No. 5  of 1980]

 

(4)The holder of such plant breeder's right may within the prescribed period and in the prescribed manner lodge a counter-statement with the registrar in which are set out the particulars of any ground upon which he contests the application in question.

[Section 16(4) substituted by section 17(c) of Act No. 5 of 1980]

 

(5)The holder of such plant breeder's right shall serve a copy of the counter-statement on the person who made the application and shall furnish the registrar with proof of the service thereof.

 

(6)If the person who made the application and the holder of the relevant plant breeder's right at any stage after the application has been lodged with the registrar, reach an agreement with regard to the issue of a licence, the person who made the application shall inform the registrar of the agreement, whereupon the application shall lapse.