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

Regulations

Regulations made in terms of the Plant Breeders' Rights Act

Plant Variety Journal

25. Matters to be published in the Plant Variety Journal

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(1) The Registrar must publish the particulars specified in Table 3 in respect of the following in the Plant Variety Journal referred to in section 40
(a)registration of an application for the grant of a Plant Breeder's Right;
(b)withdrawal, lapsing and rejection of an application for a Plant Breeder's Right;
(c)decisions relating to the granting or refusal of a Plant Breeder's Right;
(d) amendment of applicant;
(e) amendment of agent;
(f) transfer of a Plant Breeder's Right;
(g)intention to amend an approved variety denomination;
(h)amendment of an approved variety denomination;
(i)expiry of a Plant Breeder's Right;
(j)cancellation of a Plant Breeder's Right;
(k)surrender of a Plant Breeder's Right; and
(I)any other matter as deemed necessary.

 

(2)The Registrar must publish the Plant Variety Journal on a quarterly basis, within 30 days of the end of the quarter:
(a)by notice in the Government Gazette;
(b)publication on the website of the Department;
(c)electronic circulation to relevant stakeholders; and
(d)as applicable, by notice in at least two (2) newspapers circulating nationally or through other means of effective communication.

 

(3)A Special Edition of the Plant Variety Journal, listing only valid Plant Breeders' Rights, must be published on an annual basis as in subregulation 2(a), (b), (c) and (d) with the following particulars:
(a)kind of plant;
(b)variety denomination;
(c)name of applicant;
(d)name of agent;
(e)grant number;
(f)grant date;
(g)expiry date.

 

(4)A publication date of the Plant Variety Journal is the date on which the notification thereof is published in the Government Gazette in terms of subregulation 2(a).