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


Regulations relating to Plant Breeders' Rights

13. Application for compulsory licences


(1) An application for the issue of a compulsory licence in respect of a plant breeder's right shall—
(a) be submitted in writing to the registrar;
(b) indicate the published particulars of the application concerned;
(c) set out the reasons why the applicant concerned considers the refusal by the holder of the plant breeder's right concerned to issue a licence, or the conditions imposed to be unreasonable; and
(d) be accompanied by the fee specified in item 8 of Table 2.


(2) The registrar may direct that such application be substantiated by such proof as he or she may deem necessary.


(3) A person thus applying shall serve a copy of any document and proof submitted in terms of subregulations (1) and (2) on the holder of the plant breeder's right concerned and shall furnish the registrar with proof of service thereof.


(4) The holder of such plant breeder's right may within 60 says from the date of receipt of the document and proof referred to in subregulation (3), or within such further time as the registrar may allow, lodge a counter-statement with the registrar in which the particulars of any ground upon which he or she contests the application concerned are set out.