Plant Improvement Act, 2018 (Act No. 11 of 2018)RegulationsRegulations made in terms of the Plant Improvement Act, 2018Chapter V: Registration of Varieties63. Objection to application for national listing |
| (1) | Any person may, within 60 days of the publication of particulars in respect of an application made in accordance to section 28 of the Act in a National Varietal List Journal, lodge an objection with the Registrar in accordance to section 32(1) of the Act. |
| (2) | Notwithstanding subregulation (1), such an objection must be lodged before approval of the variety concerned, as approval for listing constitutes a decision of the Registrar for which an appeal may be lodged in accordance with section 47 of the Act. |
| (3) | The documentation for the objection may be sent electronically or hand delivered, couriered or mailed to the Registrar, and such an objection must: |
| (a) | state the name and address of the person objecting; |
| (b) | state the kind of plant and the denomination of the variety in question; |
| (c) | state the publication date of the Varietal List Journal in which the particulars of the application of the variety concerned were published; |
| (d) | state the grounds for the objection, substantiated by such proof as may be deemed necessary; and |
| (e) | be accompanied by proof of payment of the fee specified in item 10(f) of Table 2. |
| (4) | If the applicant decides to lodge a counter-statement in accordance to section 32(3) of the Act, such a counter-statement must: |
| (a) | be sent electronically or hand delivered, couriered or mailed to the Registrar within 60 days of receiving the notification of the objection from the Registrar; |
| (b) | provide detailed responses to the grounds for the relevant objection, substantiated by such proof as may be deemed necessary. |