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Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)

Chapter 12 : Appeals

44. Consideration of appeal by Minister

 

(1) Where the Minister has referred an appeal to the Board in terms of section 43(1), he or she may—
(a) confirm or set aside the recommendations of the Board; and
(b) order the Registrar to execute the decision in connection therewith.

 

(2) Where the Minister considers an appeal, he or she may—
(a) confirm, set aside or vary the decision of the Registrar; and
(b) order the Registrar to execute the decision in connection therewith.

 

(3) The decision of the Minister must be in writing and a copy thereof must be furnished to the Registrar, appellant and any other party to whom decision must be conveyed within 90 days.

 

(4) If the Minister—
(a) sets aside any decision or action by the Registrar the prescribed fee paid by the appellant in respect of the appeal must be refunded to the appellant; or
(b) varies any decision or action by the Registrar, the Minister may direct that the whole or any part of such fee, be refunded to the appellant.