| (2) |
A variety contemplated in subsection (1) must be regarded as— |
| (a) |
new, if propagating material or harvested material thereof has not been sold or otherwise disposed of by, or with the consent of, the breeder for the purposes of exploitation of the variety before the date of filing of the application for a plant breeder’s right— |
| (i) |
in the Republic, for a period of not more than one year; and |
| (ii) |
in any other country, in the case of— |
| (aa) |
varieties of vines and trees, for a period of not more than six years; or |
| (bb) |
other varieties, for a period of not more than four years; |
| (b) |
distinct, if it is clearly distinguishable from any other variety whose existence is a matter of common knowledge at the time of the filing of the application; |
| (c) |
uniform, if it is sufficiently uniform with regard to the characteristics of the variety in question taking into account the variation that may be expected from the particular features of the propagation of that variety; and |
| (d) |
stable, if the characteristics thereof remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle. |
| (3) |
Subsection (2)(a) does not apply to the sale of plant material of a plant variety to a person by, or with the consent of, the breeder if— |
| (a) |
the sole purpose of the sale is for the person to multiply plant material of that plant variety on behalf of the breeder; |
| (b) |
by virtue of the agreement of sale, ownership in the new plant material vests in the breeder immediately after the plant material has been multiplied; or |
| (c) |
the sale is part of an agreement under which the person agrees to use plant material of that variety for the sole purpose of evaluating the variety in one or more of the following tests or trials: |
| (iii) |
small-scale processing trials; or |
| (iv) |
tests or trials prescribed for the purposes of this paragraph. |
| (4) |
For the purposes of subsection (2)(b), the filing of an application for the— |
| (a) |
granting of a plant breeder’s right; or |
| (b) |
entering in an official register of varieties, |
of another variety in any country, renders that other variety a matter of common knowledge from the date of such application, if such application results in the granting of a plant breeder’s right of that other variety or the entering in the official register of varieties of the said other variety, as the case may be.
Adult Basic Education and Training Act, 2000
