[Section 33(1) substituted by section 21 of Act No. 15 of 1996]
| (2) |
The registrar may terminate a plant breeder's right prior to the expiry of the plant breeder's right if— |
| (a) |
any information submitted to him or her in the application for such a right or in connection with such an application, was incorrect and if such a right would not have been granted if he or she had known that the information was incorrect; |
| (b) |
information has come to light which, if discovered earlier, would have resulted in the plant breeder's right being refused; |
| (c) |
priority should be given under section 8 to any other application for the grant of a plant breeder's right in the same variety; |
| (d) |
the holder of the plant breeder's right refuses or has failed or is not in a position to furnish the registrar with propagating material of the relevant variety which conforms to the requirements of paragraph (a) of section 24(1); |
| (e) |
the holder of the plant breeder's right has failed to comply with any request under paragraph (b) of section 24(1), or he or she has prevented the registrar from undertaking an inspection referred to in section 24(2); |
| (f) |
the holder of the plant breeder's right refuses or has failed or is not in a position to submit a proposal for an alteration or a supplementation of a denomination after having been requested to do so under section 32(3); |
| (g) |
the annual fee in terms of section 22 was not paid within the period referred to in that section; |
| (h) |
the plant breeder's right has been granted to a person who is not entitled thereto, unless it is transferred to the person who is entitled thereto; or |
| (i) |
the holder of the plant breeder's right is ordered to terminate the plant breeder's right by an order of court. |
[Section 33(2) substituted by section 21 of Act No. 15 of 1996]
| (3) |
The registrar shall in writing advise the holder of the plant breeder's right in question and the holder of any licence issued under section 27 or with respect to which a notification has been given under section 25(3), of his intention to terminate a plant breeder's right under subsection(2) and of the grounds therefor. |
| (4) |
Any holder referred to in subsection (3) may, within the prescribed period, in the prescribed manner and on payment of the prescribed fee lodge an objection against the intended termination of a plant breeder's right. |
[Section 33(4) substituted by section 21 of Act No. 5 of 1980]
[Section 33(5) substituted by section 21 of Act No. 5 of 1980]
| (6) |
The registrar shall publish the termination under subsection (1) or (2) of a plant breeder's right by notice in the Gazette. |
| (7) |
A certificate of registration issued under paragraph (a) of section 20(2) shall, within the prescribed period, be returned to the registrar by the holder thereof when the relevant plant breeder's right terminates or is terminated under this section. |
Supreme Court Act, 1959
