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 Right27. Refusal to grant plant breeder's right |
| (1) | The Registrar must refuse to grant a plant breeder’s right to an applicant if, after examining the results of any tests or trials conducted in terms of section 26(1) in respect of the variety in question, the requirements specified in section 15 have not been met. |
| (2) | If the results from the tests or trials conducted in terms of section 26(1) indicate that two or more varieties in respect of which different applications have been registered in terms of section 20 cannot be distinguished, the Registrar must grant a plant breeder’s right to the applicant whose application was submitted— |
| (a) | first in time in accordance to section 16(1); or |
| (b) | in accordance to section 17(1), |
whichever is the earlier.
| (3) | The Registrar must advise any applicant contemplated in subsection (1) or (2) in writing within 21 days of the Registrar’s decision and of the grounds of the refusal, as the case may be. |
