Adult Basic Education and Training Act, 2000
R 385
Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)Chapter 8 : Enforcement of Plant Breeders' Rights33. Remedies in respect of infringement of plant breeder's right |
| (1) | The holder of a plant breeder’s right or any person to whom a licence contemplated in section 34 or section 36 has been granted may, upon proof of an infringement of that right and with proof of damages suffered by that holder or licensee, recover by action in any competent court from the person who infringed the plant breeder’s right compensation in respect of such infringement. |
| (2) | The holder of a plant breeder’s right may not institute an action contemplated in subsection (1) while the relevant plant breeder’s right or variety is the subject of an appeal in terms of section 41. |
| (3) | If the person to whom a licence contemplated in section 34 or section 36 has been granted institutes a claim contemplated in subsection (1), the holder of the relevant plant breeder’s right must be joined as a party to those proceedings. |
| (4) | In addition to any other remedy, a competent court may, in proceedings due to the infringement of a plant breeder’s right, make an order in respect of the custody, surrender or disposal of any book, document, plant, propagating material, product, substance or other article. |
