| (1) |
The holder of a plant breeder's right may at the request in writing of another person grant to such person a licence in terms of which such person may be authorized to undertake any activity referred to in section 23. |
[Section 25(1) substituted by section 16 of Act No. 5 of 1980]
| (2) |
The licence may include conditions regarding— |
| (b) |
the royalties payable in respect of the exploitation of the licence; |
| (c) |
the information to be furnished to the holder of the relevant plant breeder's right regarding the extent to which the licence is being exploited; |
| (d) |
the period of validity of the licence, which shall not exceed the term of the relevant breeder's right; |
| (e) |
the transfer thereof; |
| (f) |
the punitive measures applicable with reference to any condition which is not complied with; and |
| (g) |
any other matter which the parties may agree to. |
| (3) |
The holder of a plant breeder's right shall within the prescribed period notify the registrar in the prescribed manner of each licence issued by him or her under this section, and shall furnish the registrar with a copy of each such licence. |
[Section 25(3) substituted by section 16 of Act No. 5 of 1980]
| (4) |
During the period which the Minister prescribes under section 23 (5) as a period for the exercise of sole rights in respect of the kind of plant to which a variety belongs, the registrar shall not issue a compulsory licence in respect of that variety in terms of section 27. |
[Section 25(4) substituted by section 16 of Act No. 5 of 1980]
Gold Membership
