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

Regulations

Regulations made in terms of the Plant Breeders' Rights Act

Examination of Variety and Grant of a Plant Breeder's Right

18. Submission of material and payment of examination fees for tests and trials
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(1) An applicant or agent must provide material for tests and trials in accordance to section 26 to the Registrar in the following manner:
(a)in the case of potatoes, trees and vines, the required amount of plant material must be made available for tests and trials within 5 years from the filing date and the applicant or agent must deliver the material to the office of the Registrar or inform the Registrar of the location of the material as applicable;
(b)in the case of all other crops, the required amount of plant material must be delivered to the office of the Registrar within 24 months from the filing date; and
(c)The specific of amounts of material to be submitted Is obtainable from the office of the Registrar.

 

(2)The examination fees payable in terms of section 16 is payable in the year that the material is made available for tests and trials and the fee payable is specified in item 11 of Table 1.

 

(3)Upon payment of examination fees, the applicant or agent must submit proof of payment to the office of the Registrar.

 

(4)The examination fees paid for the tests and trials are non-refundable where:
(a)the variety concerned was subsequently refused for granting of a plant breeder's right In terms of section 27; and
(b)the applicant or an agent withdraws an application at any point before the conclusion of tests and trials for the variety concerned.

 

(5)In cases where a variety has been approved for National Listing in terms of the Plant Improvement Act, 2018 (Act No. 11 of 2018), and an application for a plant breeder's right for the same variety is submitted by the same applicant in terms of section 16 within one year of approval for National Listing, the Registrar may take over results of DUS test and trials conducted for National Listing.

 

(6)If the Registrar takes over results of DUS test and trials for National Listing in terms of subregulation (5), no examination fees are payable by the applicant in terms of this Act.

 

(7)In cases where DUS results for tests and trials are taken over from a Plant Breeders' Rights authority of another country in accordance with section 50, the applicant or agent must:
(a)pay the examination fee to the Plant Breeders' Rights authority of the providing country and furnish the Registrar with proof of payment thereof;
(b)furnish the Registrar with propagating material of the variety concerned where applicable and upon request by the Registrar.