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Plant Improvement Act, 2018 (Act No. 11 of 2018)

Regulations

Regulations made in terms of the Plant Improvement Act, 2018

Chapter V: Registration of Varieties

60. Submission of plant material and payment of examination fees for tests and trials

 

(1) An applicant or agent must provide material for tests and trials in accordance to section 35 of the Act to the Registrar in the following manner—
(a) in the case potatoes, trees and vines, the required amount of plant material must be made available tor tests and trials within 5 years from the filing date and the applicant or agent must deliver the material to the office of the Registrar or inform the Registrar of the location of the material, as applicable;
(b) in the case of all other crops, the required amount of propagating material must be delivered to the office of the Registrar within 24 months from the filing date;
(c) the specific amount of material to be submitted is obtainable from the office of the Registrar; and
(d) if the plant material has been submitted for the same variety in terms of the Plant Breeders' Rights Act, 2018 (Act 12 of 2018), another sample is not required in terms of this Act

 

(2) Upon delivery of the material or receipt of notification of the availability thereof, the Registrar must issue an invoice to the applicant or agent, as applicable.

 

(3) The examination fee payable in terms of section 28(1)(e) of the Act is payable in the year that the material is made available for tests and trials and the fee payable is specified in item 10(c) of Table 2.

 

(4) Upon payment of the examination fee, the applicant or agent must submit proof of payment to the office of the Registrar.

 

(5) In the case where an application for the same variety has been submitted simultaneously for granting of a plant breeder's right in terms of the Plant Breeders' Rights Act, 2018 (Act 12 of 2018) and the examination fee has been paid in respect of that application, no examination fee is payable.

 

(6) In the case where an application for national listing is filed after the grant of a plant breeder's right in terms of the Plant Breeders' Rights Act, 2018 (Act 12 of 2018) for the same variety by the same applicant, the Registrar may take over results of the DUS test and trials conducted for plant breeders' rights.

 

(7) If the Registrar takes over results of DUS test and trials for plant breeders' rights in terms of subregulation (6), no examination fees are payable by the applicant.

 

(8) In cases where results for tests and trials are taken over from the relevant authority of another country in accordance with section 55 of the Act, the applicant must—
(a) pay the examination fee to the authority of the providing country and furnish the Registrar with the proof of payment, and
(b) furnish the Registrar with propagating material where applicable and upon request.

 

(9) The examination tee paid for the tests and trials fer a variety subsequently refused for approval for national listing is non-refundable.