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Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976)

40. Secrecy

 

(1) No person shall, except—
(a) in so far as it is necessary for the proper application of the provisions of this Act; or
(b) for purposes of legal proceedings under this Act or any other law; or
(c) when required to do so by any court or under any law; or
(d) when authorized thereto by the Minister,

disclose any information acquired by him or her in the exercising of his or her powers or the performance of his or her duties in terms of this Act.

 

(2) Notwithstanding the provisions of subsection (1), the registrar may furnish to the holder of a plant breeder's right or to the person to whom a licence was granted under section 25, any information he or she has acquired pertaining to any action which constitutes an infringement of the plant breeder's right in question.

 

[Section 40 substituted by section 22 of Act No. 15 of 1996]