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


Regulations relating to Plant Breeders' Rights

5. Denominations for varieties


(1) The denomination which is proposed for a variety in terms of regulation 3(2)(c) shall—
(a) be suitable to identify the variety;
(b) 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) be different from each denomination which distinguishes existing varieties of the same or a closely related kind of plant in a convention country or an agreement country;
(d) subject to the provisions of subregulation (3) not be identical with or similar to, or liable to lead to confusion with a mark which enjoys the protection accorded thereto by the Trade Marks Act, 1963 (Act No. 62 of 1963), and which applies to propagating material or the use in connection therewith or in connection with a product thereof;
(e) not be inimical to public order or contrary to morality; and
(f) be the same in all convention countries or agreement countries.


(2) If the registrar considers a denomination proposed for a variety as unsuitable, the applicant concerned shall submit a translation thereof or some other denomination acceptable to the registrar, within two months from the date on which he or she was directed in writing to do so.


(3) Notwithstanding anything to the contrary contained in these regulations—
(a) a mark referred to in subregulation (1)(d) may only be approved as a denomination for a variety if the applicant concerned submits documentary proof that the holder of the mark concerned renounces his or her right to such mark as from the date on which a plant breeder's right to the variety is granted; and
(b) the denomination approved by the registrar for a variety in respect of which protection has been granted by, or an application for protection has been lodged with the appropriate authority in a convention country or an agreement country in accordance with the laws in force in that country shall be the same as the denomination thus protected or thus applied for in such country, on condition however that the provision of subparagraph (a) are complied with and that a priority claim on such denomination is not proved by another person.


(4) When a variety is advertised, offered to sale or marketed, it shall be permitted to associate a trademark, trade name or other similar indication with a registered variety denomination.


(5) A trademark, trade name or other similar indication referred to in section (4) shall not be used alone without the variety denomination which must a all times be easily recognisable.