| (1) |
The registrar may reject an application made to him under section 7 if it appears to him— |
| (a) |
that the application does not comply with any provision of this Act; |
| (b) |
that the variety in respect of which the application is made— |
| (i) |
is not a variety referred to in section 2; |
[Section 11(1)(b)(i) substituted by section 8(a) of Act No. 15 of 1996]
| (ii) |
does not comply with any provision of this Act; or |
[Section 11(1)(b)(iii) substituted by section 9(a) of Act No. 5 of 1980]
| (c) |
that the applicant is not under this Act entitled to make the application; |
| (d) |
that the application contains a material misrepresentation; |
| (e) |
that the application fraudulently affects the rights of the holder of a plant breeder's right or of the person to whom provisional protection has been granted in terms of section 14; |
| (f) |
that the applicant refuses or has failed or is not able to propose an acceptable denomination; |
| (g) |
that the propagation of the variety in question would require repeated use of propagating material of another variety for which plant breeders' rights have been granted to or applied for by another person, unless such propagating material is used under a licence issued in terms of section 25 or 27; |
| (h) |
that the description submitted does not clearly describe the variety; |
| (i) |
that, where such application has been preceded by an application by or on behalf of the same applicant for protection of the same variety in a convention country or an agreement country, the description submitted to him or her differs from the description submitted in such preceding application or that the description in such preceding application does not describe a variety referred to in section 2; or |
[Section 11(1)(i) substituted by section 8(b) of Act No. 15 of 1996]
| (j) |
that the provisions of section 19 have not been complied with at the filing of the application. |
[Section 11(1)(j) inserted by section 8(c) of Act No. 15 of 1996]
| (2) |
If the registrar rejects an application in terms of subsection (1) he shall in writing advise the person who applied for the grant of a plant breeder's right, of his decision and of the grounds on which it is based. |
Gold Membership
