Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)

Regulations

Regulations made in terms of the Plant Breeders' Rights Act

Variety Denominations

17. Marking of labels and containers

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(1) Any propagating material of a variety in respect of which a plant breeder's right has been granted, which is being sold for the purposes of propagation or for any other purpose must on each container have a clear and legible label in terms of section 25 and such label must contain the:
(a)scientific and common names of the kind of plant concerned;
(b)denomination (name) of the variety approved in terms of the Act for the variety concerned;
(c)words "protected by plant breeders' rights", followed by the registration number, if the variety concerned has already been granted a plant breeder's right;
(d)words "application for a plant breeder's right", followed by an application number if the variety concerned has an application submitted and pending the Registrar's decision for the granting of a plant breeder's right; and
(e)trade name and/or registered trademark where applicable

 

(2) Labels for harvested material sold for any purpose other than propagation must at least contain the approved variety denomination and an indication on whether the variety is an application for, or protected by a plant breeder's right as reflected in subregulation (1)(c) and (d).