Adult Basic Education and Training Act, 2000
R 385
Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)Chapter 5 : Examination of Variety and Grant of Plant Breeder's Right26. Tests and trials |
| (1) | The Registrar must, in order to enable him or her to determine whether a variety in respect of which an application has been accepted is new, distinct, uniform and stable in accordance with the provisions of section 15 — |
| (a) | undertake, or cause to be undertaken, such tests and trials as may be necessary; or |
| (b) | use the results of tests and trials obtained from the appropriate authority in another country. |
(2)
| (a) | The applicant must furnish the Registrar within the prescribed period with such material as may be prescribed. |
| (b) | The Registrar may grant an extension to the applicant from compliance with paragraph (a) for a period not exceeding the initial prescribed period. |
| (c) | An application for extension contemplated in paragraph (b) must be submitted to the Registrar in writing and must— |
| (i) | set out reasons for the request of an extension; and |
| (ii) | in the event of imported plant material, include prescribed proof that the plant material has been imported into the Republic. |
| (d) | An application in terms of section 16 lapses if the material contemplated in paragraph (a) is not furnished to the Registrar within the prescribed period or extended period, as the case may be. |
| (3) | If an objection has been lodged against an application for the grant of a plant breeder’s right in terms of section 22, the Registrar may terminate all actions performed in accordance with subsection (1)(a) or (b) in the event that such objection is upheld. |
