Adult Basic Education and Training Act, 2000
R 385
Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)Chapter 14 : General Provisions55. Offences and penalties |
(1)
| (a) | A person is guilty of an offence if that person, in relation to propagating material of a plant variety in respect of which a plant breeder’s right has been granted in accordance with section 28, perform any of the activities contemplated in section 7(1)(a) to (f) and such activity would, by virtue of section 32, infringe the plant breeder’s right in the variety. |
| (b) | Any person convicted of an offence contemplated in paragraph (a) is liable to a fine or to imprisonment for a period not exceeding 10 years, or to both such fine and such imprisonment. |
| (c) | The institution of an action for compensation and royalties on account of an infringement in accordance with section 33 in respect of a particular activity does not prevent a prosecution in terms of this subsection in respect of such activity. |
| (d) | A prosecution in terms of this subsection in respect of an activity that allegedly infringe the plant breeder’s right in a variety does not prevent the institution of an action for compensation on account of an infringement in accordance with section 33. |
| (2) | A person is guilty of an offence if that person— |
| (a) | knowingly makes a false entry in the register or causes it to be made therein, or who makes a writing or causes a writing to be made which falsely purports to be a copy of an entry in the register or of a document lodged with the Registrar, or who produces or tenders or causes to be produced or tendered as evidence any such entry or any such copy; |
| (b) | makes a false statement or representation, or furnishes false information, knowing it to be false; |
| (c) | obstructs or hinders the Registrar in the exercise of his or her powers or the carrying out of his or her duties under this Act; |
| (d) | falsely represents that propagating material sold by his or her for the purposes of propagation or multiplication is propagating material of a variety in respect of which a plant breeder’s right has been granted under this Act, or that the propagating material originates from such a variety; |
| (e) | at the sale of propagating material for the purposes of propagation or multiplication, uses a denomination— |
| (i) | for such material which is different from the denomination registered in terms of this Act for the variety in question or uses the registered denomination of another variety of the same kind of plant; or |
| (ii) | which corresponds so closely to a registered denomination that it is misleading; |
| (f) | falsely holds himself or herself to be the Registrar, an employee or an authorised person; or |
| (g) | makes a document or causes a document to be made which purports to be a certificate, authorisation or other document or label issued in terms of this Act. |
| (3) | Any person convicted of an offence referred to in subsection (2) is liable— |
| (a) | in the case of a first conviction of an offence referred to in subsection (2)(a), (b), (c), (d) or (e), to a fine or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment; |
| (b) | in the case of a second or subsequent conviction of an offence referred to in subsection (2)(a), (b), (c), (d) or (e), to a fine or to imprisonment for a period not exceeding four years or to both such fine and such imprisonment; |
| (c) | in the case of a first conviction of an offence referred to in subsection (2)(f), (g) or (h), to a fine or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment; and |
| (d) | in the case of a second or subsequent conviction of an offence referred to in subsection (2)(f), (g) or (h), to a fine or to imprisonment for a period not exceeding four years or to both a fine and such imprisonment. |
