Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)Chapter 4 : Variety Denominations24. Amendment of denomination |
| (1) | The Registrar must amend the denomination approved in respect of a variety in terms of section 23(1), if— |
| (a) | ordered by a court on application by a person who in law has a preferential claim to the use of the denomination in question; |
| (b) | the information submitted to the Registrar in the application for the approval of, or in connection with, the denomination in question was incorrect and such denomination would not have been approved had the Registrar known at the time of the application that such information was incorrect; or |
| (c) | information comes to light which, if discovered earlier, would have resulted in the refusal of such denomination. |
(2)
| (a) | If an amendment becomes necessary on any ground referred to in subsection (1), the Registrar must notify the relevant applicant or holder of the plant breeder’s right accordingly in writing within 21 days and must give reasons in the notice why the amendment is necessary. |
| (b) | The applicant or holder must submit proposals in writing to the Registrar for an alternative denomination within 30 days from the date of the notice. |
| (3) | An applicant may request the Registrar in the prescribed manner and upon payment of the prescribed fee at any time before the grant of the plant breeder’s right to amend the approved denomination. |
| (4) | The Registrar must consider the request in terms of subsection (3) and must notify the applicant of his or her decision and the reasons for the decision in writing within 21 days of the date on which the request was received. |
| (5) | Any person may lodge an objection in the prescribed manner and within the prescribed period against an intended amendment of a variety denomination. |