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

Chapter 4 : Variety Denominations

23. Denomination of variety

 

(1) An applicant for the grant of a plant breeder’s right must propose a denomination that complies with the prescribed requirements and such denomination is subject to the approval of the Registrar.

 

(2) No denomination other than the denomination approved by the Registrar in terms of subsection (1) may be used in connection with the variety in question, whether before or after the expiry of the term of the plant breeder’s right granted in respect of the variety.

 

(3) Subsection (2) does not prohibit the proprietor or other registered user of a mark to use such mark in conjunction with the denomination in respect of which a plant breeder’s right has been granted, if such mark is clearly distinguishable from the variety denomination.

 

(4) A variety must be submitted to the Registrar under the same denomination as the denomination by which it is known in any other country, unless the Registrar considers that denomination unacceptable in which case the applicant must submit an alternative denomination.