Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976)31. State may take over plant breeder’s right |
| (1) |
| (a) | The Minister may after consultation with the Minister of Finance by notice in the Gazette take over on behalf of the State the plant breeder's right in any variety of a kind of plant from a date determined by him or her and published in the same or later notice in the Gazette. |
[Section 31(1) substituted by section 19 of Act No. 15 of 1996]
| (b) | As from the date determined under paragraph (a) all rights and liabilities pertaining to the said plant breeder's right shall be deemed to have been transferred to the State, and such rights shall as from that date vest in the Minister on behalf of the State. |
| (2) | The Minister shall pay the person who was the holder of the plant breeder's right in question immediately prior to the date referred to in subsection (1)(a), such compensation as may be agreed upon or, failing agreement, as may be settled by arbitration. |