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 Right18. Provisional protection |
| (1) | An applicant has provisional protection in respect of the variety in question from the filing date of the application for a plant breeder’s right until the granting or refusal thereof. |
| (2) | An applicant who has provisional protection in a plant variety in terms of this section may not institute proceedings for any alleged infringement of such right during the period of provisional protection. |
| (3) | The effect of provisional protection is that the applicant is entitled to equitable remuneration from any person who, during the period of provisional protection, carries out any act contemplated in section 7 that would, once the plant breeder’s right is granted, require the authorisation of the holder of the plant breeder’s right. |
| (4) | An applicant has the provisional protection contemplated in subsection (3) only in respect of a person who has been notified in the prescribed manner. |
