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

Regulations

Regulations relating to Plant Breeders' Rights

15. Alteration of denominations

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(1)An application for the alteration or supplementation of the denomination approved for a variety in respect of which a plant breeder's right has been granted shall—
(a)be submitted to the registrar by the holder of the plant breeder's right concerned on the form which is obtainable from the offices of the registrar in Pretoria for this purpose; and
(b)be accompanied by the fee specified in item 10 of Table 2.

 

(2)If the registrar intends to approve the alteration or supplementation of the denomination of a variety, the particulars specified in item 7 of Table 3 in respect thereof shall be published.

 

(3)An objection against the intended approval of an alteration or supplementation shall—
(a)be lodged with the registrar in writing within three months from the date on which the particulars thereof were published in terms of section 32(4) of the Act;
(b)state the name and address of the person objecting;
(c)indicate the published particulars of the application concerned;
(d)state the grounds on which it is based; and
(e)be accompanied by the fee specified in item 11 of Table 2.

 

(4)The registrar may direct that such objection be substantiated by such proof as he or she may be deemed necessary.

 

(5)The registrar shall publish the particulars specified in item 8 of Table 3 in respect of the denomination of a variety after he or she has approved an alternation or supplementation thereof.