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

23A. Infringement of plant breeder’s right


A plant breeder's right shall be infringed by any person who—

(a) not being the holder of the plant breeder's right, performs, or causes to be performed, an act contemplated in section 23 (1) without a licence obtained under section 25 or 27;
(b) has obtained a licence under section 25 or 27 but fails to comply with any term or condition thereof;
(c) uses the approved denomination of a protected variety in relation to plants or propagating material of any other variety for any purpose whatsoever; and
(d) sells plants or propagating material of a protected variety under any other denomination than the approved denomination of that variety.


[Section 23A inserted by section 14 of Act No. 15 of 1996]