Adult Basic Education and Training Act, 2000
R 385
Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)Chapter 3 : Application for Plant Breeder's Right16. Application for grant of plant breeder's right |
| (1) | An application for the grant of a plant breeder’s right must be made by an applicant in the prescribed manner and must be accompanied by the following documents and non-refundable fees— |
| (a) | An application form obtainable from the office of the Registrar, duly completed; |
| (b) | a technical questionnaire in respect of a kind of plant of the variety in question obtainable from the office of the Registrar, duly completed; |
| (c) | such application fee and such examination fee as may be prescribed; |
| (e) | written proof of the transfer of the variety to the applicant, if applicable. |
| (2) | If the applicant is not domiciled and resident in the Republic, the application must be submitted through an agent. |
| (3) | The Registrar must notify the applicant of any outstanding documentation or information within 21 days of receiving the application. |
| (4) | The applicant must furnish the Registrar with any documentation or information required by the Registrar within three months of the notification contemplated in subsection (3), failure of which may result in the application being returned to the applicant. |
(5)
| (a) | The effective filing date is the date on which the requirements of subsection (1) have been met. |
| (b) | Copies of documents referred to in subsection (1)(e) to (f) may be submitted in order to secure a filing date, but the original documents must be submitted to the Registrar within three months of the filing date. |
| (6) | In the event that a variety may not be used without prior approval in terms of other legislation, the application must be accompanied by the relevant permit or proof of general release for the variety issued in terms of such legislation. |
