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Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)RegulationsRegulations made in terms of the Plant Breeders' Rights ActPlant Breeders' Right4. Duration of a Plant Breeders' Right and Sole Right period |
| (1) | The period of duration of a plant breeder's right in terms of section 8 shall be granted |
| (a) | for a period of 30 years in the case of fruit trees, vines, sugar cane and potatoes as specified in Table 2; |
| (b) | for a period of 25 years for all other crops, |
calculated from the date on which a certificate of registration is issued in terms of section 28(b).
| (2) | Sole right periods in terms of section 9 of the Act for each kind of plant shall be granted |
| (a) | for a period of 8 years in the case of fruit trees, vines, sugar cane and potatoes as specified in Table 2; |
| (b) | for a period of 5 years for all other crops, |
calculated from the date on which a certificate of registration is issued in terms of section 28(b).
| (3) | The Registrar must amend Table 2 upon receiving an application for a new kind of fruit tree and vine not listed in the Table at the time of lodging such an application within 30 days of receiving an application. |
