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

16. Termination of provisional protection


(1) A protective direction issued under section 14 shall, subject to the provisions of subsection (2), cease to be of force on the date on which the registrar finally allows or refuses the application for a plant breeder's right in respect of the variety for which the protective direction was issued.


(2) A protective direction—
(a) maybe withdrawn at an earlier date by the registrar if, in his opinion, circumstances justify the withdrawal; and
(b) shall be withdrawn at an earlier date by the registrar if he is satisfied that the holder thereof—
(i) has failed to fulfil the terms of an undertaking referred to in paragraph (b) of section 14(2); or
(ii) has given an undertaking, whether enforceable by law or not, to another person in terms whereof such holder is deprived of the right to institute an action referred to in section 47, or an action for damages in respect of an infringement of a plant breeders' right.

[Section 16(2) substituted by section 10 of Act No. 5 of 1980]