Adult Basic Education and Training Act, 2000
R 385
Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)Chapter 10 : Termination of Plant Breeder's Right38. Cancellation of plant breeder's right |
| (1) | The Registrar may cancel a plant breeder’s right if— |
| (a) | it is established that a requirement specified in section 15(2)(a) or (b) has not been complied with at the time of the grant of the right; |
| (b) | a requirement specified in section 15(2)(c) or (d) is no longer complied with; |
| (c) | the right has been granted to a person who is not entitled to it, unless it is transferred to a person who is so entitled; or |
| (d) | the holder of the plant breeder’s right concerned has failed to— |
| (i) | provide the Registrar with information or material considered necessary for verifying the maintenance of the variety within three months of the date on which the Registrar requested the information or material in terms of section 31(1); |
| (ii) | pay the annual fee to maintain the plant breeder’s right; or |
| (iii) | propose, within 30 days from the date of notification in terms of section 24(2), another suitable denomination if the denomination of the variety is cancelled after the grant of the plant breeder’s right. |
| (2) | The Registrar must— |
| (a) | notify the holder of the plant breeder’s right concerned in writing that an application for the cancellation of the right has been received and is being considered; |
| (b) | request the plant breeder to submit reasons in writing within the prescribed period as to why the plant breeder’s right should not be cancelled; |
| (c) | consider any reasons received pursuant to the notice contemplated in paragraph (a); |
| (d) | make a decision whether or not to cancel the plant breeder’s right; and |
| (e) | in the event that the he or she decides to cancel the plant breeder’s right in accordance with subsection (1)— |
| (i) | inform the holder of the plant breeder’s right concerned in writing of the intended cancellation and the reasons for the cancellation; and |
| (ii) | cancel the plant breeder’s right within 60 days of the date on which the Registrar has informed the holder of the plant breeder’s right in terms of subparagraph (i). |
| (3) | The Registrar must cancel a plant breeder’s right before the expiry of the plant breeder’s right if ordered by a court or the Minister in terms of section 44. |
| (4) | A plant breeder’s right may not be cancelled for any reasons other than those contained in subsections (1) or (3). |
| (5) | A variety in respect of which a plant breeder’s right has been cancelled under this section vests, by operation of law, in the public domain and is not capable of registration in accordance with this Act. |
