
R 385
Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)Chapter 7 : Obligations of Holder of Plant Breeder's Right30. Payment of annual fee |
(1) | A person to whom a plant breeder’s right has been granted in terms of section 28 must pay the prescribed annual fee for the duration of the plant breeder’s right in question. |
(2) | The holder of the plant breeder’s right must pay the first annual fee on or before 31 March of the year following the date on which a plant breeder’s right was granted, and must pay any subsequent annual fee on or before 31 March of each year thereafter. |
(3) | In the event that an annual fee has not been paid on or before the date contemplated in subsection (2), the plant breeder concerned may pay an amount double the amount of such fee in order to ensure that the registration of the plant breeder’s right does not lapse, but such late payment may only be effected during a period not exceeding six months from the date on which the payment was due in terms of that subsection. |
(4) | If no fee is paid in terms of subsection (2) or within the period contemplated in subsection (3), the registration of the plant breeder’s right in question may be cancelled in accordance with section 38. |