| (1) |
If an application in terms of section 16 is preceded by another application by or on behalf of the same applicant for protection of the same variety in a convention country, and such other application has been deposited in accordance with the laws in force in the convention country in question, the Registrar must give priority to the application submitted in terms of section 16, if it is— |
| (a) |
submitted to the Registrar in the prescribed manner within a period of 12 months of the date on which such other application was duly filed in the convention country in question; and |
| (b) |
accompanied by the prescribed fee. |
| (2) |
An application contemplated in subsection (1)(a) must be confirmed within three months by submitting a copy, certified as correct by the appropriate authority in the relevant country, of each document that constituted the relevant preceding application. |
| (3) |
The Registrar must allow the applicant to, within two years after the— |
| (a) |
expiration of the period of priority; or |
| (b) |
first application is rejected or withdrawn, |
furnish the relevant information, documents or material required for the purposes of undertaking the tests and trials in terms of section 26.
| (4) |
If two or more applications for the protection of the same variety have been deposited on different dates in different convention countries, the period referred to in subparagraph (1)(a) must be calculated as from the date on which the earliest of such applications was deposited with the appropriate authority. |
| (5) |
During the period referred to in subsection (1)(a), the filing of another application, the publication or use of the variety that is the subject of the first application or such other event as may be prescribed does not constitute grounds for the rejection of the subsequent application. |
Adult Basic Education and Training Act, 2000
