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

Chapter 14 : General Provisions

59. Transitional provisions and savings

 

(1)

(a) A plant breeder’s right granted in terms of the Plant Breeders’ Rights Act, 1976, immediately before the commencement of this Act, must be regarded as a plant breeder’s right granted under this Act.
(b) This Act applies with the changes required by the context to a plant breeder’s right contemplated in paragraph (a): Provided that the period of protection of that plant breeder’s right is regulated by section 21 of the Plant Breeders’ Rights Act, 1976, as if that Act has not been repealed by section 60 of this Act.

 

(2)

(a) Any application for a plant breeder’s right which was received by the Registrar on a date before the date of commencement of this Act, but in respect of which a plant breeder’s right has not been granted in terms of section 20 of the Plant Breeders’ Rights Act, 1976, before such date of commencement, must be dealt with in all respects in accordance with the Plant Breeders’ Rights Act, 1976, as if that Act was still in force, notwithstanding the repeal thereof by section 60 of this Act.
(b) If the plant breeder’s right has been granted in accordance with paragraph (a), the provisions of this Act apply.

 

(3)

(a) In the event that a breeder has developed a variety in respect of which an application for registration of a plant breeder’s right of the variety in question has not been submitted in accordance with the Plant Breeders’ Rights Act, 1976, before the commencement of this Act, such breeder may, within the period prescribed by the Minister, submit an application for registration of such right in accordance with this Act.
(b) No such application may be submitted after expiration of the prescribed period contemplated in paragraph (a).

 

(4) The employee designated as registrar in terms of section 3(1) of the Plant Breeders’ Rights Act, 1976, must be regarded as having been designated as Registrar in terms of section 2(1) of this Act.

 

(5) The register kept in terms of section 4(1) of the Plant Breeders’ Rights Act, 1976, must be incorporated in and must form part of the register to be kept in terms of section 4(1) of this Act, and any document supplied to the register under the Plant Breeders’ Rights Act, 1976, in terms of any provision thereof, must be regarded as having been furnished to the Registrar under the corresponding provision of this Act.