Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976)40. Secrecy |
| (1) | No person shall, except— |
| (a) | in so far as it is necessary for the proper application of the provisions of this Act; or |
| (b) | for purposes of legal proceedings under this Act or any other law; or |
| (c) | when required to do so by any court or under any law; or |
| (d) | when authorized thereto by the Minister, |
disclose any information acquired by him or her in the exercising of his or her powers or the performance of his or her duties in terms of this Act.
| (2) | Notwithstanding the provisions of subsection (1), the registrar may furnish to the holder of a plant breeder's right or to the person to whom a licence was granted under section 25, any information he or she has acquired pertaining to any action which constitutes an infringement of the plant breeder's right in question. |
[Section 40 substituted by section 22 of Act No. 15 of 1996]