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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

65. Amendment of denomination

 

(1) A request for the amendment of the approved denomination for a variety in terms of section 34(3) must—
(a) be in accordance with regulation 64;
(b) be submitted to the Registrar by the applicant using Form obtainable from the Registrar; and
(c) the duly completed signed original Schedule accompanied by the proof of payment of the fee specified in item 10(d) of Table 2 must be mailed, hand delivered or couriered to the office of the Registrar.

 

(2) If the Registrar intends to approve the amendment of the denomination, the particulars specified in item 10 of Table 7 in respect thereof must be published in accordance with regulation 53.

 

(3) The documentation for the objection against the intended amendment of an approved variety denomination in terms of section 34(5) of the Act must—
(a) be lodged with the Registrar in writing within 30 days from the date on which the particulars thereof were published in terms of section 40 of the Act;
(b) state the name and address of the person objecting;
(c) indicate the published particulars of the application concerned;
(d) state the grounds on which it is based; and
(e) be accompanied by proof of payment of the fee specified in item 10(g) of Table 2.

 

(4) The Registrar must within 14 days of the receipt of an objection,
(a) inform the applicant concerned in writing of the objection; and
(b) provide the applicant with a copy of the objection.

 

(5) The applicant may lodge with the Registrar a counter-statement against the objection within 30 days of notification.

 

(6) In considering the objection, the Registrar may request that further information be furnished as may be deemed necessary.

 

(7) After considering an the evidence, the Registrar must make a decision and thereafter in writing inform the person objecting and the applicant concerned of his or her decision and of the grounds on which it is based.

 

(8) If the objection against the intended amendment of denomination referred to in subregulation (2) is upheld, the applicant must propose another denomination and if approved, the Registrar must publish such denomination.

 

(9) If no objection was lodged or if the objection referred to in subregulation (3) was not successful, the denomination published in terms of subregulation (2) will be considered the approved denomination.