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

Regulations

Regulations relating to Plant Breeders' Rights

Tables

Table 2 : Fees payable

 

Table 2

 

Fees Payable with respect to Plant Breeders' Rights: 1 April 2023

 

No.

Purpose

Amount

1.

An application for the Plant Breeders' Right [Reg. 3(2)(f)]

R 3 112,00 each

2.

Examination fee for a plant breeders' right: Category A (agronomic,vegetable and pasture crops and annual ornamentals) [Reg. 3(2)(g) and (9)(1)]

R 5 106,00 each

3a.

Examination fee for a plant breeders' right: Category B (fruit, vines, citrus and perennial ornamentals) [Reg. 3(2)(g) and (9)(1)]

R 6 916,00 each

3b.

Examination fee for a plant breeders' right: Category B (white and yellow maize) [Reg. 3(2)(g) and (9)(1)]

R 5 830,00 each

4.

A claim to give priority in terms of section 8(2) of the Act to an application for the grant of the plant breeders' right [Reg. 4(2)(c)]

R 1 615,00 each

5.

An objection to the grant of a plant breeders' right [Reg. 8(1)(e)]

R 10 043,00 each

6.

Provision of results of tests and trails undertaken by the registrar, to the appropriate in a convention country or an agreement country [Reg. 9(3)]

Tariff to fluctuate with exchange rate.

350CHF (Swiss Francs)

7.

Obtaining of results of tests and trials in the event that such test and trials are undertaken by another appropriate authority in another country [Reg. 9(3)]

Tariff to fluctuate with exchange rate.

350CHF (Swiss Francs)

8.

Annual fee for a plant breeders' right [Reg. 13(1)(d)]

R 494,00 each

9.

An application for the issue of a compulsory licence in respect of a plant breeders' right [Reg. 13(1)(d)]

R 8 117,00 each

10.

Notice of the transfer of a plant breeders' right [Reg. 14(2)(b)]

R 1 349,00 each

11.

An application for the alteration or supplementation of the denomination approved for a variety [Reg. 15(1)(b)]

R 3 276,00 each

12.

An objection against the intended approval of an alteration or supplementation of the denomination approved fora variety [Reg. 15(3)(e)]

R 1 349,00 each

13.

An objection against the intended termination of a plant breeders' right [Reg. 16(1)(f)]

R 1 349,00 per right

14.

A notice of the voluntary surrender of plant breeders' right [Reg. 17(1)(b)(i)]

Free

15.

Inspection of the register of plant breeders' right [Reg. 20(2)]

Free

16.

Inspection of a document submitted to the registrar in connection with an application for the grant of a plant breeders' right [Reg. 21(2)]

R 824,00 per occasion

17.

A copy of any particulars in the register or of a document submitted to the registrar in connection with an application for the grant of a plant breeders' right [Reg. 21(2)]

R 15,00 per application plus R 2.00 per photocopy

18.

Submission of appeal against any decision or action taken by the registrar in terms of the Act [Reg.21(2)]

R 6 949,00 each

19.

Examination of sample to determine varietal purity

R 5 106,00 (Cat A)

R 6 916,00 (Cat B)

R 5 826,00 (Cat B maize)

 

[Table 2 substituted by section 2 of Notice No. 3024, GG48017, dated 10 February 2023 - effective 1 April 2023]