Adult Basic Education and Training Act, 2000
R 385
Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)Chapter 2 : Plant Breeders' Right10. Exceptions to plant breeder's right |
| (1) | Notwithstanding section 32(a), a plant breeder’s right in respect of a variety obtained in a legitimate manner does not extend to— |
| (a) | any act done in respect of that variety for private and non-commercial purposes; |
| (b) | any act done in respect of that variety for experimental purposes; |
| (c) | any act done in respect of that variety for the purposes of breeding other varieties and, except where section 7(3) applies, any act contemplated in section 7(1) and section 7(2) in respect of such other varieties; or |
| (d) | a farmer who uses the protected variety in accordance with subsection (2). |
(2)
| (a) | In respect of subsection 1(d), the Minister must prescribe— |
| (i) | the category or categories of farmers who may use the protected variety; |
| (ii) | the category or categories of plants that may be used; |
| (iii) | the uses to which the protected variety may be put; and |
| (iv) | where applicable— |
| (aa) | conditions for payment of royalties; and |
| (bb) | labelling requirements. |
| (b) | When the Minister acts in terms of paragraph (a), the Minister must ensure that the legitimate interests of the breeder are safeguarded. |
