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

Regulations

Regulations relating to Plant Breeders' Rights

9. Consideration and examination of applications

 

(1) When the registrar undertakes tests and trials in terms of section 19(2) of the Act in order to determine whether a variety of a kind of plant specified in column 1 of Table 1, is a variety which qualifies for the grant of a plant breeder's right under section 2 of the Act, the examination fees specified in items 4 and 5 of Table 2 shall be payable to the registrar by the applicant concerned.

 

(2) The amount payable in respect of the cost of results which are obtained from the appropriate authority in a convention country or an agreement country in terms of section 19(4) and (6) of the Act shall be the fee determined by the appropriate country and shall be calculated at the rate of exchange between the monetary units of the Republic and the country concerned as on the date of payment of such costs to the appropriate authority concerned.

 

(3) The amount specified in item 6 of Table 2 shall be payable when the registrar provides the results of tests and trials undertaken by him or her to the appropriate authority in a convention country or an agreement country.

 

(4) The particulars specified in items 4 and 5 of Table 3 shall respectively be published in respect of—
(a) a plant breeder's right which has been granted; and
(b) the refusal to grant a plant breeder's right.