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Table of Contents
Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976)
Notice No. 473 of 1976
Act
1. Definitions
2. Application of Act
3. Designation of registrar
4. Register of plant breeders' rights
5. Register to be evidence
5A. Entering into of certain agreements by registrar
6. Persons who may apply for plant breeders' rights
7. Application for plant breeder's right
8. Priority and redating of applications
9. [Repealed]
10. Denomination of variety
11. Rejection of application
12. Amendment of application
13. Publication of application
14. Grant of provisional protection
15. Effect of provisional protection
16. Termination of provisional protection
17. Objection to grant of plant breeder's right
18. Hearing of an objection
19. Consideration and examination of applications
20. Grant of plant breeder's right
21. Period of plant breeder's right
22. Payment of annual fee
23. Rights of holder of plant breeder's right
23A. Infringement of plant breeder's right
24. Maintenance of reproductive material
24A. Power to enter premises, carry out inspections
25. Licences
26. Application for compulsory licence
27. Grant of compulsory licence
28. Joint holders of plant breeder's right
29. Transfer of plant breeder's right
30. State bound by plant breeder's right
31. State may take over plant breeder's right
32. Alteration of denomination
33. Termination of plant breeder's right
34. Voluntary surrender of plant breeder's right
35. Marking of labels or containers
36. Correction of errors
37. Discretionary power of registrar
38. Defect in form not to invalidate documents
39. Preservation and proof of documents
40. Secrecy
41. [Repealed]
42. Appeal against decision or action of the registrar
43. [Repealed]
44. Regulations
45. Offences and penalties
46. Prohibition of trafficking by officers
47. Compensation in respect of infringement of plant breeder's right
48. Assignment of powers and duties by Minister
49. Limitation of liability
50. [Repealed]
51. Plant breeder's rights granted in terms of Act 22of 1964
52. Repeal of laws
53. Short title and commencement
Regulations
Regulations relating to Plant Breeders' Rights
Notice No. R. 1186 of 1997
1. Definitions
2. Kinds of plants in respect of which plant breeders' rights may be granted
3. Submission of applications
4. Priority of applications
5. Denominations for varieties
6. Publication of applications
7. Grant of provisional protection
8. Objections against applications for the grant of plant breeders' rights
9. Consideration and examination of applications
10. Payment of annual fee
11. Period of plant breeders' rights
11A. Period of sole rights
12. Notice of licences
13. Application for compulsory licences
14. Transfer of plant breeders' rights
15. Alteration of denominations
16. Termination of plant breeders' rights
17. Voluntary surrender of plant breeders' rights
18. Recognition of agents
19. Notice of change of address
20. Register of plant breeders' rights
21. Inspection in and copies of documents
22. Appeal to the Minister
23. Remuneration of chairperson and members of appeal boards
24. Payment of fees
25. Address for the submission of documents
Tables
Table 1 : Kinds of plants and periods of rights
Table 2 : Fees payable
Table 3 : Particulars relating to plant breeders' rights to be published
plant breeder's right
means a plant breeder's right granted in terms of
section 20
;
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