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Plant Improvement Act, 1976 (Act No. 53 of 1976)

15. Varietal list

 

(1) The registrar shall keep a list in which shall be entered—
(a) the denomination by which a variety is generally known on the date on which the kind of plant to which the variety belongs, has been declared to be a kind of plant for the purposes of this Act in terms of section 2; or
(b) the denomination of a variety recognised in terms of section 20; or
(c) the denomination of a variety in respect of which a plant breeder's right has been registered in terms of the Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976); or
(d) the denomination by which a variety is known internationally.

 

(2) The registrar may enter in the varietal list such other particulars regarding a variety referred to in subsection (1) as he or she may deem necessary.

 

(3) Notwithstanding the provisions of subsection (1), the registrar may, independent of any specific variety or in addition to any variety entered in the list, include all the varieties or any further variety of any kind of plant in the varietal list.

 

(4) If a variety is known by more than one denomination or by an unacceptable denomination, the registrar shall enter in the varietal list such denomination for the variety as may be determined by him or her.

 

(5) The varietal list kept in terms of section 8 of the Seeds Act, 1961 (Act No. 28 of 1961), shall be incorporated in and form part of the list kept under this section, and any document, information or other proof supplied or furnished to the registrar under that Act in terms of any provision thereof, shall be deemed to have been supplied or furnished to the registrar under the corresponding provision of this Act.

 

(6) The registrar shall furnish to any person a copy of the varietal list on request.

 

[Section 15 substituted by section 11 of Act No. 25 of 1996]