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Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)

Chapter 2 : Plant Breeders' Right

12. Joint holders of plant breeder's right

 

(1) Where a plant breeder’s right is granted to two or more persons jointly, each such person is, subject to any written agreement to the contrary between them, entitled—
(a) to an equal share in such right;
(b) to undertake in connection therewith for his or her own benefit any activity referred to in section 7, if he or she discloses any such activity in writing to the other joint holders; and
(c) to institute any action in respect of any infringement of that right.

 

(2) A joint holder of a plant breeder’s right may not without the written authorisation of the other joint holders—
(a) grant a licence under section 34; or
(b) transfer the whole or any part of his or her interest in such right.