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Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976)

20. Grant of plant breeder’s right

 

(1) The registrar shall, after considering an application in terms of section 19 and examining the results of any tests or trials conducted with the variety in question, grant a plant breeder's right in respect of a variety if—
(a) the application conforms to the requirements of this Act;
(b) the applicant is entitled under this Act to make the application;
(c) the variety is a variety referred to in section 2 and it conforms to the requirements of this Act; and
(d) no moneys are due by the applicant in terms of section 19.

[Section 20(1) substituted by section 11 of Act No. 15 of 1996]

 

(2) The registrar shall in respect of each plant breeder's right granted—
(a) issue a certificate of registration in respect thereof to the person who applied for the grant of the right;
(b) enter the applicable particulars referred to in section 4 (1) in the register; and
(c) by notice in the Gazette publish such particulars relating to the grant of such right as may be prescribed.

 

(3)
(a) If the registrar refuses the grant of a plant breeder's right, he shall in writing advise the person who applied for the right of his decision and of the grounds on which it is based, and shall, subject to the provisions of paragraph (b), by notice in the Gazette publish such particulars relating to the refusal as may be prescribed.
(b) The grounds on which the decision is based shall not be published in the said notice nor be open for inspection except by order of a court.