Intellectual Property Rights from Publicly Financed Research and
R 385
Plant Improvement Act, 1976 (Act No. 53 of 1976)NoticesSouth African Seed Potato Certification Scheme13. Registration of units |
| (1) | An application for the registration of an area of land or a container or containers in a greenhouse as a unit must be made on the form and in the manner determined by the authority. |
| (2) | The application for registration— |
| (a) | must be submitted by the person who intends to cultivate seed potatoes for certification or by the assignee of that person; and |
| (b) | must be submitted in time to allow the authority to carry out the first field inspection, as described in the protocol. |
| (3) | An application for registration must, subject to the provisions of subsection (4), be accompanied by— |
| (a) | full particulars of the planting; |
| (b) | in the case of an area of land, a map of the site clearly indicating where the unit concerned is located; |
| (c) | in the case of a container in a greenhouse, a map of the site indicating where the different units are situated; |
| (d) | in the case of— |
| (i) | local seed potatoes, a label confirming the source and origin of the seed potatoes; or |
| (ii) | imported seed potatoes, proof to the satisfaction of the authority, of the origin of those seed potatoes; |
| (e) | the fee determined by the authority; and |
| (f) | in the case of a variety that is subject to a plant breeder's right in terms of the Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976), written permission from the license holder/agent of the variety authorising the applicant to cultivate that variety. |
| (4) | The property map referred to in subsection (3)(b) is submitted on one occasion only, unless additional fields on the specific property are contemplated for the cultivation of seed potatoes. |
| (5) | The authority shall issue a registration certificate upon approval of an application. |
| (6) | The provisions of this Scheme are binding on the person in whose favour the unit concerned is registered from the date on which such unit is registered. |
| (7) | If a person was not registered as a grower in terms of this Scheme during the previous four years, such person shall be regarded as a new grower. |
| (8) |
| (a) | Each unit must be clearly identified by means of a name plate indicating the variety cultivated on that unit, as well as the unit or sub-unit number; |
| (b) | Subject to the provisions of paragraph (a), distinct boards must be erected to distinguish between units on which plants of the same variety but of different seed sources are cultivated. |
| (9) | All labels and waybills with regard to seed potatoes that have been planted on a unit, must, upon request of the authority, be made available in order to verify the origin of the seed. |
