| (a) |
on application made to him or her and on payment of the prescribed fees; |
[Section 21 (1)(a) substituted by section 17(a) of Act No. 25 of 1996]
| (b) |
in the case of a denomination referred to in paragraph (a) or (b) of section 15(1)— |
| (i) |
if the information submitted to the registrar in the application for approval of, or in connection with, the denomination in question was incorrect and the registrar is of the opinion that such denomination would not have been approved had he known that such information was incorrect; or |
| (ii) |
if information comes to light which, if discovered earlier, would in the opinion of the registrar have resulted in a refusal to enter the denomination in the varietal list; or |
| (c) |
in the case of a denomination referred to in paragraph (c) of section 15(1), if the denomination is altered or supplemented under the Plant Breeders' Rights Act, 1976. |
| (2) |
The registrar may delete the denomination of a variety entered in the varietal list if— |
| (a) |
any information submitted to him or her in the application for the recognition of such variety or in connection with such an application was incorrect and the variety would not have been recognised if he or she had known that the information was incorrect; or |
| (b) |
information has come to light which, if discovered earlier, would have resulted in the refusal of such application; or |
| (c) |
it is in the public interest to delete it; or |
| (d) |
plants and propagating material of such variety capable of reproducing the variety in such a manner that the characteristics thereof correspond with the characteristics described at the time of the recognition thereof, cannot readily be obtained; or |
| (e) |
the variety no longer conforms to the requirements referred to in section 17; or |
| (f) |
after an evaluation referred to in section 22, he or she decides that the use of the variety is undesirable. |
[Section 21 (2) substituted by section 17(b) of Act No. 25 of 1996]
| (3) |
If the registrar deletes the denomination of a variety from the varietal list, he or she shall in writing advise the person who applied for recognition of the variety of his or her decision and of the grounds on which it is based, unless that person's identity and address is unknown to the registrar. |
[Section 21 (3) substituted by section 17(c) of Act No. 25 of 1996]
Copyright Act, 1978
