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

32. Alteration of denomination
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(1)The denomination approved in respect of a variety may be altered or supplemented by the registrar—
(a)if ordered by the court on the application of a person who in law has a preferent claim to the use of the designation in question;
(b)on the application of the holder of a plant breeder's right in that variety;
(c)if the information submitted to the registrar in the application for the approval of, or in connection with, the denomination in question was incorrect and the registrar is of the opinion that such denomination would not have been approved had he known that such information was incorrect; or
(d)if information comes to light which, if discovered earlier, would in the opinion of the registrar have resulted in the refusal of such denomination.

[Section 32(1) substituted by section 20(a) of Act No. 15 of 1996]

 

(2)An application referred to in subsection (1)(b) shall be made to the registrar in the prescribed manner and shall be accompanied by the prescribed application fee.

[Section 32(2) substituted by section 20(b) of Act No. 15 of 1996]

 

(3)If an alteration or supplementation becomes necessary on a ground referred to in paragraph (c) or (d) of subsection (1), the registrar shall in writing inform the holder of the relevant plant breeder's right thereof and give the grounds on which the alteration or supplementation is deemed necessary, and such holder shall submit proposals for an alteration or supplementation within 60 days from the date of the notice to him.

 

(4)If the register intends approving any proposal for the alteration or supplementation of a denomination under subsection (1)(b) or (3), he shall by notice in the Gazette publish such particulars relating to the intended alteration or supplementation as may be prescribed.

 

(5)Any person may within the prescribed period, on payment of the prescribed fee, in the prescribed manner lodge an objection to the grant of such alteration or supplementation.

[Section 32(5) substituted by section 20 of Act No. 5 of 1980]

 

(6)The registrar may, after considering any objection lodged under subsection (5), approve the proposed alteration or supplementation, and shall by notice in the Gazette publish the prescribed particulars relating to an alteration or supplementation so approved.

 

(7)The registrar shall forthwith publish by notice in the Gazette the prescribed particulars relating to an alteration or supplementation ordered under subsection (1)(a).