Gold Membership
R
Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976)18. Hearing of an objection |
| (1) | An objection under section 17 shall be heard on the date and at the place and time fixed by the registrar, who shall advise the person objecting and the person who applied for the relevant plant breeder's right, in writing thereof. |
| (2) | The registrar may in his discretion appoint one or more persons who, in his opinion, have experience in the administration of justice or skill in any matter which may be considered at the hearing, to assist and advise him with regard to the hearing of the objection, and the remuneration of any such person shall be as prescribed and shall be borne by the State. |
| (3) | The registrar may, for the purposes of the hearing of an objection— |
| (a) | summon any person who, in his opinion, may give material information concerning the subject of the hearing or who he believes has in his possession or custody or under his control any document which has any bearing upon the subject of the hearing, to appear before him at a time and place specified in the summons, to be interrogated or to produce that document, and the registrar may retain for examination any document so produced; |
| (b) | administer an oath to or accept an affirmation from any person called as a witness at the hearing; and |
| (c) | call any person present at the hearing as a witness and interrogate him and require him to produce any document in his possession or custody or under his control. |
| (4) | The procedure at the hearing of an objection shall be as prescribed. |
[Section 18(4) substituted by section 9 of Act No. 15 of 1996]
| (5) | The person objecting and the person who applied for the plant breeder's right in question may, if he or she appears before the registrar at the hearing of an objection, be represented by an advocate or an attorney or by a patent agent registered under section 20 of the Patents Act, 1978 (Act No. 57 of 1978). |
[Section 18(5) substituted by section 9 of Act No. 15 of 1996]
| (6) | The registrar shall, after the hearing of an objection, in writing advise the person objecting and the person who applied for the grant of the relevant plant breeder's right, of his decision and of the grounds on which it is based. |
| (7) | An application in respect of which the registrar upholds an objection shall lapse, and the registrar shall by notice in the Gazette publish such particulars relating to the lapsing as may be prescribed. |
