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Table of Contents
Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)
Notice No. 511 of 2019
Act
1. Definitions
Chapter 1 : Registrar and Register of Plant Breeders' Rights
2. Designation and functions of Registrar
3. Exercise of discretionary powers by Registrar
4. Register of plant breeders' rights
5. Register to be evidence
6. Inspection of documents submitted in connection with an application for plant breeders' right
Chapter 2 : Plant Breeders' Right
7. Protection given to holder of plant breeder's right
8. Duration of plant breeder's right
9. Period of sole right
10. Exceptions to plant breeder's right
11. Exhaustion of plant breeder's right
12. Joint holders of plant breeder's right
13. Transfer of plant breeder's right
14. State bound by plant breeder's right
Chapter 3 : Application for Plant Breeder's Right
15. Varieties in respect of which plant breeder's right may be granted
16. Application for grant of plant breeder's right
17. Priority and redating of applications
18. Provisional protection
19. Rejection of application
20. Acceptance and registration of application
21. Amendment of application
22. Objection to application for grant of plant breeder's right
Chapter 4 : Variety Denominations
23. Denomination of variety
24. Amendment of denomination
25. Marking of labels and containers
Chapter 5 : Examination of Variety and Grant of Plant Breeder's Right
26. Tests and trials
27. Refusal to grant plant breeder's right
28. Grant of plant breeder's right
Chapter 6 : Hearing of Objections
29. Hearing of objection
Chapter 7 : Obligations of Holder of Plant Breeder's Right
30. Payment of annual fee
31. Maintenance of propagating material
Chapter 8 : Enforcement of Plant Breeders' Rights
32. Infringement of plant breeder's right
33. Remedies in respect of infringement of plant breeder's right
Chapter 9 : Licences
34. Licences
35. Application for compulsory licence
36. Hearing of application for and issue of compulsory licence
Chapter 10 : Termination of Plant Breeder's Right
37. Expiry of plant breeder's right
38. Cancellation of plant breeder's right
39. Voluntary surrender of plant breeder's right
Chapter 11 : Plant Variety Journal
40. Matters to be published in Plant Variety Journal
Chapter 12 : Appeals
41. Right to appeal
42. Appeal Board, composition and membership
43. Investigation and consideration by Board
44. Consideration of appeal by Minister
Chapter 13 : Advisory Committee
45. Establishment of Advisory Committee
46. Appointment of members of Advisory Committee and termination of membership
47. Disclosure of interests by members of Advisory Committee
48. Meetings of Advisory Committee
Chapter 14 : General Provisions
49. Entering premises for inspection, sampling and seizure of certain articles
50. Request for test results by authority of another country
51. Defect in form not to invalidate documents
52. Correction of errors
53. Disclosure of information
54. Regulations
55. Offences and penalties
56. Jurisdiction of magistrate's court
57. Prohibition of trafficking by officers
58. Delegation
59. Transitional provisions and savings
60. Repeal of laws
61. Short title and commencement
Schedule
Schedule : Laws repealed (Section 60)
Regulations
Regulations made in terms of the Plant Breeders' Rights Act
Notice No. 6302 of 2025
1. Definitions
Register of Plant Breeders' Rights
2. Register of plant breeders' rights
3. Inspection of documents
Plant Breeders' Right
4. Duration of a Plant Breeders' Right and Sole Right period
5. Exceptions to plant breeders' right
6. The categories of plants on which section 10(2)(a)(ii) applies are listed below
7. Transfer of a plant breeders' right
Application for Grant of a Plant Breeder's right
8. Appointment and substitution an agent
9. Submission of an application and payment of application fees for a plant breeder's right
10. Voluntary withdrawal of an application for a plant breeder's right
11. Priority and redating of applications
12. Provisional protection
13. Amendment of an application
14. Objection to application for grant of plant breeder's right
Variety Denominations
15. Denomination of variety
16. Amendment of denomination
17. Marking of labels and containers
Examination of Variety and Grant of a Plant Breeder's Right
18. Submission of material and payment of examination fees for tests and trials
19. Application for extension to submit material for tests and trials
Objections
20. Hearing of an objection
Obligations of the Holder of a Plant Breeder's Right
21. Payment of annual fees
Licences
22. Application for compulsory licences
23. Hearing of application for compulsory licence
Termination of a Plant Breeder's Right
24. Voluntary surrender of a plant breeder's right
Plant Variety Journal
25. Matters to be published in the Plant Variety Journal
Appeals
26. Right to appeal
Remuneration of persons appointed in terms of the Act
27.
General Provisions
28. Request for DUS test and trials results by authority of another country
Tables
Table 1: Fees Payable in terms of the Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)
Table 2: Duration of plant breeders' rights and sole right periods for fruit trees and vines, under the Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)
Table 3: Matters to be published in terms of the Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)
Notices
Commencement of the Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)
Notice No. 6285 of 2025
‘‘plant breeder’s right’’
means a plant breeder’s right granted in terms of
section 28
;
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