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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Plant Breeders' Rights Act, No. 12 of 2018

Long title


To provide for a system whereunder plant breeders’ rights relating to varieties of certain kinds of plants may be granted; for the requirements that have to be complied with for the grant of such rights; for the scope and protection of such rights; and for the grant of licenses in respect of the exercise of such rights; and to provide for matters connected therewith

Table of contents

SECTION TITLE

ARRANGEMENT OF SECTIONS
1. Definitions
CHAPTER 1. REGISTRAR AND REGISTER OF PLANT BREEDERS’ RIGHTS
2. Designation and functions of Registrar
3. Exercise of discretionary powers by Registrar
4. Register of plant breeders’ rights
5. Register to be evidence
6. Inspection of documents submitted in connection with an application for plant breeder’s right
CHAPTER 2. PLANT BREEDER’S RIGHT
7. Protection given to holder of plant breeder’s right
8. Duration of plant breeder’s right
9. Period of sole right
10. Exceptions to plant breeder’s right
11. Exhaustion of plant breeder’s right
12. Joint holders of plant breeder’s right
13. Transfer of plant breeder’s right
14. State bound by plant breeder’s right
CHAPTER 3. APPLICATION FOR PLANT BREEDER’S RIGHT
15. Varieties in respect of which plant breeders’ rights may be granted
16. Application for grant of plant breeder’s right
17. Priority and redating of applications
18. Provisional protection
19. Rejection of application
20. Acceptance and registration of application
21. Amendment of application
22. Objection to application for grant of plant breeder’s right
CHAPTER 4. VARIETY DENOMINATIONS
23. Denomination of variety
24. Amendment of denomination
25. Marking of labels and containers
CHAPTER 5. EXAMINATION OF VARIETY AND GRANT OF PLANT BREEDER’S RIGHT
26. Tests and trials
27. Refusal to grant plant breeder’s right
CHAPTER 6. HEARING OF OBJECTION
28. Payment of annual fees
29. Shearing of objection
CHAPTER 7. OBLIGATIONS OF HOLDER OF PLANT BREEDER’S RIGHT
30. Payment of annual fee
31. Maintenance of propagating material
CHAPTER 8. ENFORCEMENT OF PLANT BREEDERS’ RIGHTS
32. Infringement of plant breeder’s right
33. Remedies in respect of infringement of plant breeder’s right
CHAPTER 9. LICENCES
34. Licences
35. Application for compulsory license
36. Hearing of application for and issue of compulsory license
CHAPTER 10. TERMINATION OF PLANT BREEDER’S RIGHT
37. Expiry of plant breeder’s right
38. Cancellation of plant breeder’s right
39. Voluntary surrender of plant breeder’s right
CHAPTER 11. PLANT VARIETY JOURNAL
40. Matters to be published in Plant Variety Journal
CHAPTER 12. APPEALS
41. Right to appeal
42. Appeal Board, composition and membership
43. Investigation and consideration by Board
44. Consideration of appeal by Minister
CHAPTER 13. ADVISORY COMMITTEE
45. Establishment of Advisory Committee
46. Appointment of members of Advisory Committee and termination of membership
47. Disclosure of interests by members of Advisory Committee
48. Meetings of Advisory Committee
CHAPTER 14. GENERAL PROVISIONS
49. Entering premises for inspection, sampling and seizure of certain articles
50. Request for test results by authority of another country
51. Defect in form not to invalidate documents
52. Correction of errors
53. Disclosure of information
54. Regulations
55. Offences and penalties
56. Jurisdiction of magistrates’ courts
57. Prohibition of trafficking by officers
58. Delegation
59. Transitional provisions and savings
60. Repeal of laws
61. Short title and commencement
Sch.SCHEDULE. LAWS REPEALED (SECTION 60) [s60]
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Copyright Rita V. Felgate 2019