| (a) |
The registrar shall consider every application for the grant of a plant breeder's right published under section 13(1) and all documents and any other proof submitted to him in connection therewith, in order to ascertain whether the application complies with the requirements of this Act. |
| (b) |
Where an objection has been lodged under section 17, or an undertaking or a guarantee is required in terms of subsection (4)(b), the registrar shall delay considering the relevant application until the objection has been disposed of or the required undertaking or guarantee has been furnished. |
[Section 19(1)(b) substituted by section 3(a) of Act No. 38 of 1983]
| (2) |
The registrar shall, in order to enable him or her to determine whether a variety qualifies for the grant of a plant breeder's right under section 2— |
| (a) |
undertake or cause to be undertaken such tests and trails as he or she may deem necessary with a variety in respect of which an application is being considered under subsection (1); or |
| (b) |
use the results of tests and trails obtained from the appropriate authority in a convention country or an agreement country in terms of an agreement referred to in section 5A. |
[Section 19(2)(b) substituted by section 10(a) of Act No. 15 of 1996]
| (3) |
The person whose application is being considered shall, for the purposes of such tests and trials and at such a time and place as the registrar may determine- |
| (a) |
pay, subject to the provisions of subsection (4), the appropriate prescribed examination fee; and |
[Section 19(3)(a) substituted by section 3(c) of Act No. 38 of 1983]
| (b) |
furnish the registrar— |
| (ii) |
with such specimens of plants of the variety or of parts of such plants as he may require; and |
| (iii) |
with such information in connection with the variety as he may require. |
| (a) |
The costs involved in obtaining the results referred to in subsection (2)(b) shall be paid to the registrar by the person whose application is being considered at the time and place determined by the registrar. |
| (b) |
The registrar may require that a person whose application for a plant breeders' right is being considered, furnish him with a written undertaking or a suitable guarantee regarding a payment referred to in paragraph (a), before he takes steps to obtain the results of tests and trials with the variety concerned in terms of an agreement referred to in section 5A. |
[Section 19(4)(b) substituted by section 3(d) of Act No. 38 of 1983]
| (5) |
The person whose application for the grant of a plant breeder's right is being considered shall furnish the registrar within 12 months from the lodging of the application with everything required by the registrar at the examination of the application, including, where applicable— |
| (a) |
plant material for the undertaking of tests and trials; |
| (b) |
documents or other proof; |
| (c) |
written undertakings or suitable guarantees for the reimbursement of costs; |
| (d) |
information required by the registrar; and |
| (e) |
any additional plant material, documents, proof, information, undertakings or guarantees required by the registrar in order to enable him or her to do a proper examination. |
[Section 19(5) inserted by section 10(b) of Act No. 15 of 1996]
| (a) |
The registrar may in writing on application grant extension from compliance with subsection (5) for a specified period of time. |
| (b) |
An application for extension shall be submitted to the registrar in writing and shall set out reasons for the granting of extension. |
[Section 19(6) inserted by section 10(b) of Act No. 15 of 1996]
Intellectual Property Rights from Publicly Financed Research and
