National Environmental Management Act, 1998 (107 of 1998)
R 385
Plant Improvement Act, 2018 (Act No. 11 of 2018)Chapter 7 : Variety Denominations33. Denomination of variety |
| (1) | An applicant for national listing must, subject to the approval of the Registrar, propose a denomination that complies with the prescribed requirements. |
| (2) | No denomination other than the denomination and synonym approved by the Registrar in terms of subsection (1) may be used in connection with the variety in question. |
| (3) | Subsection (2) does not prohibit the proprietor or other registered user of a trademark to use such trademark in conjunction with the denomination which has been entered in the national varietal list, if such trademark is clearly distinguishable from the variety denomination. |
| (4) | A variety must be submitted to the Registrar under the same denomination as the denomination by which it is known in any other country, unless the Registrar considers that denomination unacceptable in accordance with recognised international and regional rules, in which case the applicant must submit an alternative denomination. |
| (5) | If a variety is known by more than one denomination, the applicant must indicate the preferable denomination to be listed as the main denomination and the Registrar may include the other denomination as a synonym. |
