Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)RegulationsRegulations made in terms of the Plant Breeders' Rights ActVariety Denominations16. Amendment of denomination |
| (1) | A request for an amendment of the approved variety denomination in terms of section 24(3) must— |
| (a) | be in accordance with the provisions of regulation 15 above; and |
| (b) | be submitted to the Registrar by the applicant using a form obtainable from the office of the Registrar. |
| (2) | A duly completed, signed original form, accompanied by the proof of payment for the fee specified in item 9 of Table 1must be mailed, hand delivered or couriered to the office of the Registrar. |
| (3) | If the Registrar intends to approve the amendment of the denomination, the particulars specified in Table 3 in respect thereof must be published in accordance with regulation 25. |
| (4) | The documentation for the objection of an approved variety denomination in terms of section 24(5) may be sent electronically or mailed, hand delivered or couriered to the office of the Registrar, and such an objection must: |
| (a) | be lodged with the Registrar in writing within 60 days from the date on which the particulars thereof were published in terms of section 40 of the Act; |
| (b) | state the name and address of the person objecting; |
| (c) | state the kind of plant and the denomination of the variety in question; |
| (d) | state the publication date of the Plant Variety Journal in which the particulars of the application of the variety concerned were published; |
| (e) | state the grounds for the objection, substantiated by such proof as may be deemed necessary; and |
| (f) | be accompanied by the proof of payment for the fee specified in item 10 of Table 1. |
| (5) | The Registrar must within 14 days of the receipt of an objection— |
| (a) | notify the applicant concerned in writing of the objection, and |
| (b) | provide the applicant with a copy of the objection. |
| (6) | The applicant may lodge with the Registrar a counter statement against the objection within 30 days of receipt of the notification. |
| (7) | In considering the objection, the Registrar may request that further information be furnished by either party as may be deemed necessary. |
| (8) | After considering all the evidence, the Registrar must make a decision and thereafter, in writing, inform the person objecting and the applicant concerned of his or her decision and of the grounds on which it is based. |
| (9) | If an objection is upheld, the applicant must propose another denomination and if approved, the Registrar must publish particulars thereof in accordance with section 40. |
| (10) | If no objection was lodged against an approved variety denomination or in cases where an objection lodged was not upheld, the variety denomination published in terms of subregulation (3) will be considered an approved denomination for the variety concerned. |