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

Chapter 14 : General Provisions

57. Prohibition of trafficking by officers

 

(1) The Registrar, or an officer who under the delegation, control or direction of the Registrar exercises the powers and carries out the duties assigned to or imposed upon the Registrar under this Act, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year—
(a) if he or she buys, sells, acquires or traffics in any plant breeder’s right or an interest therein;
(b) if he or she acquires, otherwise than in the course of his or her duties, or sells any propagating material of a variety in respect of which a plant breeder’s right has been granted or applied for.

 

(2) Any purchase, sale, acquisition or assignment of any plant breeder’s right by or to the Registrar or any such officer shall be of no force and effect.

 

(3) Any propagating material acquired by the Registrar or such an officer must be forfeited to the State.

 

(4) Nothing in this section contained applies to the person who bred, or discovered and developed, a variety of a plant or to any acquisition by inheritance.