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

Regulations

Regulations relating to Plant Breeders' Rights

8. Objections against applications for the grant of plant breeders' rights

 

(1) An objection against an application for the grant of a plant breeder's right shall—
(a) be lodged with the registrar in writing within six months from the date on which the particulars relating to the application concerned were published in terms of section 13(1) of the Act;
(b) state the name and address of the person objecting;
(c) indicate the published particulars of the application concerned;
(d) subject to the provisions of section 17(2) of the Act, state the grounds on which it is based; and
(e) be accompanied by the fee specified in item 3 of Table 2.

 

(2) The registrar may direct that such objection be substantiated by such proof as may be deemed necessary.

 

(3) A person thus objecting shall serve a copy of any document and other proof lodged in terms of subregulations (1) and (2) on the person who submitted the application concerned and shall furnish the registrar with proof of such service.

 

(4) A counter-statement against such objection by the person who has submitted the application concerned shall –
(a) be lodged with the registrar in writing within 60 days, or such further period as the registrar may allow, from the date on which such person has received the relevant objection and other proof referred to in subregulation (2);
(b) indicate the published particulars of the application concerned; and
(c) set out the particulars of each ground upon which any allegation of the person objecting, is contested.

 

(5) The person lodging such counter-statement shall serve a copy thereof on the person objecting and shall furnish the registrar with proof of such service.

 

(6) The registrar shall notify the person who objected against the application for the grant of a plant breeder's right, the person who applied for the plant breeder's right and the person or persons appointed to assist him or her in hearing the objection in writing of the date and time on which and the place at which the objection will be heard.

 

(7) At the hearing of an objection against an application for the grant of a plant breeder's right—
(a) any person referred to in subregulation (6) will be allowed to call witnesses during the hearing and to cross-examine other witnesses;
(b) the onus rests with each person to notify his or her witnesses of the date, place and time of the hearing and to ensure their presence at the hearing.
(c) the person who lodged the objection against an application for the grant of a plant breeder's right shall be allowed to present his or her case first and to call witnesses; and
(d) the person who applied for the plant breeder's right shall then be allowed to present his or her case and to call witnesses.

 

(8) After hearing all the evidence, the registrar shall reach a decision and thereafter in writing advise the person objecting and the person who applied for the grant of the plant breeder's right concerned, of his or her decision and of the grounds on which it is based.

 

(9) The registrar shall publish the particulars specified in item 3 of Table 3 in respect of an application for the grant of a plant breeder's right when such application has lapsed because an objection against it has been upheld.