Intellectual Property Rights from Publicly Financed Research and
R 385
Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976)10. Denomination of variety |
| (1) | The denomination of a variety referred to in section 2 shall comply with the prescribed requirements and be proposed by the person who applies for the grant of a plant breeder's right in respect thereof, and such denomination shall be subject to the approval of the registrar. |
[Section 10(1) substituted by section 7(b) of Act No. 15 of 1996]
| (2) | No denomination, other than the approved denomination of a variety, may at any time, whether before or after the expiry of the term of the plant breeder's right granted in respect thereof, be used in connection with such variety. |
| (3) | The provisions of subsection (2) shall not be construed so as to prohibit the proprietor or other registered user of a mark to use such mark in conjunction with the denomination in respect of which a plant breeder's right has been granted. |
| (4) | A variety shall be submitted to the registrar under the same denomination as the denomination by which it is known in any other country, unless the registrar considers the denomination unacceptable in which case the applicant shall submit an alternative denomination. |
[Section 10(4) inserted by section 7(c) of Act No. 15 of 1996]
[Section 10 substituted by section 7(a) of Act No. 15 of 1996]
