Gold Membership
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Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976)46. Prohibition of trafficking by officers |
| (1) | The registrar, or an officer who under the delegation, control or direction of the registrar exercises the powers and carries out the duties assigned to or imposed upon the registrar under this Act, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year— |
| (a) | if he buys, sells, acquires or traffics in any plant breeder's right or an interest therein; |
| (b) | if he acquires, otherwise than in the course of his duties, or sells any propagating material of a variety in respect of which a plant breeder's right has been granted or applied for. |
[Section 46(1) substituted by section 27(a) of Act No. 15 of 1996]
| (2) | Any purchase, sale, acquisition or assignment of any plant breeder's right by or to the registrar or any such officer shall be of no force and effect. |
| (3) | Any reproductive material acquired by the registrar or such an officer shall be forfeited to the State. |
| (4) | Nothing in this section contained shall apply to the person who bred, or discovered and developed, a variety of a plant or to any acquisition by inheritance. |
[Section 46(4) substituted by section 27(b) of Act No. 15 of 1996]
