Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)RegulationsRegulations made in terms of the Plant Breeders' Rights ActApplication for Grant of a Plant Breeder's right14. Objection to application for grant of plant breeder's right |
| (1) | Any person, may within 60 days of the publication of particulars in respect of an application made in accordance with section 16 in a Plant Variety Journal, lodge an objection with the Registrar in accordance with section 22(1). |
| (2) | Notwithstanding subsection (1) such an objection must be lodged before a plant breeder's rights for the variety concerned is granted, as granting of a plant breeder's right constitutes a decision of the Registrar of which an appeal may be lodged in accordance with section 41. |
| (3) | The documentation for the objection may be sent electronically, mailed, hand delivered or couriered to the office of the Registrar, and such ari objection must: |
| (a) | state the name and address of the person objecting; |
| (b) | state the kind of plant and the denomination of the variety in question; |
| (c) | state the publication date of the Plant Variety Journal in which the particulars of the application of the variety concerned were published; |
| (d) | state the grounds for the objection, substantiated by such proof as may be deemed necessary; |
| (e) | be accompanied by the proof of payment for the fee specified in item 8 of Table 1. |
| 4) | If the applicant decides to lodge a counter-statement in accordance to section 22(3), such a counter-statement must: |
| (a) | be sent electronically or mailed, hand delivered or couriered to the office of the Registrar within 60 days of receiving the notification of the objection from the Registrar; and |
| (b) | provide detailed responses to the grounds for the relevant objection, substantiated by such proof as may be deemed necessary. |