| (1) |
Where a plant breeder's right is, after the commencement of this Act, granted to two or more persons jointly, each such person shall, subject to any written agreement to the contrary between them, be entitled— |
| (a) |
to an equal share in such right; |
| (b) |
to undertake in connection therewith for his own benefit any activity referred in section 23, if he discloses any such activity to the other joint holders; and |
[Section 28(1)(b) substituted by section 18 of Act No. 5 of 1980]
| (c) |
to institute any action in respect of any infringement of that right. |
| (2) |
A joint holder of a plant breeder's right shall not without the consent of the other joint holders be entitled— |
| (b) |
to transfer the whole or any part of his interest in such right. |
| (3) |
Where an action is founded on the sale of any propagating material by a joint holder of a plant breeder's right, such joint holder shall for the purposes of the action be deemed to be the sole holder of the plant breeder's right. |
| (4) |
The court may upon the application of any joint holder of a plant breeder's right and after giving to any other joint holder of the right an opportunity of being heard, give any direction with regard to the transfer of the right or any part thereof, or with regard to the grant of any licence in respect of the right, or with regard to the use and development of the right, as appears just and expedient, and each joint holder shall give effect to any such direction. |
| (5) |
If any person who is required to give effect to any direction under subsection (4) fails, within the period determined by the court or, failing such a determination, after being requested in writing to do so by any joint holder of the relevant right, to execute any instrument or to do any act or thing required to give effect to the direction, the court may empower any person to execute the instrument in question or to do the act or thing in question in the name of and on behalf of the person so failing. |
Gold Membership
