Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976)47. Compensation in respect of infringement of plant breeder’s right |
| (1) | The holder of a plant breeder's right may upon proof of an infringement of that right and without proof of damages which might arise from such infringement, recover by action in any competent court from the person who infringed the plant breeder's right compensation in respect of such infringement in an amount not exceeding R10 000. |
[Section 47(1) substituted by section 28(a) of Act No. 15 of 1996]
| (2) | An action under subsection (1) shall be available to the holder in lieu of any action for damages in any amount which might arise from the relevant infringement. |
| (3) | An action referred to in subsection (1) or (2) shall not be instituted while the relevant plant breeder's right or variety is the subject of— |
| (b) | an appeal which in terms of section 42 is to be decided by the board. |
| (4) | The holder of a plant breeder's rights or any person to whom a licence has been granted under section 25 or 27 may institute a claim for damages suffered by such holder or such person due to the infringement of that plant breeder's right. |
[Section 47(4) inserted by section 28(b) of Act No. 15 of 1996]
| (5) | In the case of proceedings referred to in subsection (4) instituted by a person to whom a licence has been granted under section 25 or 27, the holder of the relevant plant breeder's right shall be joined as a party to those proceedings. |
[Section 47(5) inserted by section 28(b) of Act No. 15 of 1996]
| (6) | In addition to any other remedy, a competent court may, in proceedings due to the infringement of a plant breeder's right, make an order n respect of the custody, surrender or disposal of any book, document, plant, propagating material, product, substance or other article. |
[Section 47(6) inserted by section 28(b) of Act No. 15 of 1996]