| (1) | A variety may be recognised if— |
| (a) | it is clearly distinguishable from any other variety of the same kind of plant of which the existence is a matter of common knowledge at the time of the filing of the application; |
[Section 17 (1)(a) substituted by section 13(a) of Act No. 25 of 1996]
| (b) | it is, subject to the variation that may be expected from the particular features of the propagation of the variety, sufficiently uniform with regard to the characteristics thereof; |
[Section 17 (1)(b) substituted by section 13(a) of Act No. 25 of 1996]
| (c) | it is stable in that the characteristics of the variety remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle; and |
[Section 17 (1)(c) substituted by section 13(a) of Act No. 25 of 1996]
| (d) | it is identified by a denomination which complies with the provisions of subsections (3) and (4). |
| (2) | A characteristic referred to in subsection (1)(a) shall be of such a nature that it is clearly recognizable and describable. |
[Section 17 (2) substituted by section 13(b) of Act No. 25 of 1996]
| (3) | The denomination of a variety for which an application for recognition is being considered shall be proposed by the person who applies for such recognition and— |
| (a) | shall be suitable to identify a variety; |
| (b) | shall not be such as to be liable to mislead or to lead to confusion concerning the characteristics, value or identity of the variety in question or the identity of the breeder thereof; |
| (c) | shall be different from every denomination which designates existing varieties of the same or a closely related kind of plant; |
| (d) | shall not be inimical to public order or contrary to morality; and |
| (e) | shall comply with such further requirements as the registrar may determine. |
| (a) | A denomination shall, subject to the provisions of paragraph (b), not be identical with or similar to or liable to lead to confusion with a designation which enjoys the protection accorded to a mark within the meaning of the Trade Marks Act, 1963 (Act No. 62 of 1963), and which applies to plants or propagating material or the use in connection therewith or in connection with a product thereof. |
| (b) | If the denomination of a variety proposed by a person under subsection (3) is a designation in respect of which he enjoys the protection referred to in paragraph (a), the registrar shall not approve such denomination unless such person in writing renounces his right to such mark as from the date on which the variety in question is recognised. |
