Special Investigating Units and Special Tribunals Act, 1996
R 385
Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976)14. Grant of provisional protection |
| (1) | The registrar may, at the request of a person whose application for the grant of a plant breeder's right is to be published under section 13(1), issue a protective direction to such person in respect of the variety in question. |
| (2) | Such protective direction shall be issued only— |
| (a) | if the registrar is satisfied that such information, facilities and material as he may require to enable him to consider the application for the grant of a plant breeder's right, have been furnished to him; and |
| (b ) | if the applicant has given a written undertaking to the registrar that, subject to the provisions of subsection (3), he shall not, while the protective direction is in force, sell or consent to sell in the Republic any reproductive material of the variety in question. |
| (3) |
| (a) | The holder of a protective direction shall, notwithstanding an undertaking referred to in subsection (2)(b), be entitled to sell or offer for sale reproductive material of the variety in question for the purposes of multiplication or testing. |
| (b) | All the reproductive material produced, directly or indirectly, during such multiplication or testing, as well as any unused reproductive material, shall become or remain the property of the holder of the protective direction. |
