Plant Improvement Act, 2018 (Act No. 11 of 2018)RegulationsRegulations made in terms of the Plant Improvement Act, 2018Chapter V: Registration of Varieties64. Denomination of variety |
| (1) | The applicant must propose a variety denomination to the Registrar in accordance with section 33 of the Act and such denomination must— |
| (a) | be suitable to identify the variety; |
| (b) | be the same as submitted in any other country for the same variety; |
| (c) | be different from known denominations of any existing varieties of the same or a closely related kind of plant in any other country; |
| (d) | be aligned with the relevant accepted international practices |
| (e) | not be used more than once in the same variety denomination class. |
| (f) | not be such as to be liable to mislead or to lead to confusion concerning the characteristics, value, geographical origin, identity of the variety in question or the identity of the breeder thereof; |
| (g) | subject to the provisions of subregulation (2) not be identical with or similar to, or liable to lead to confusion with a mark which enjoys the protection accorded thereto by the Trade Marks Act, 1963 (Act No. 62 of 1963); and |
| (h) | be in accordance with a list of the denomination classes available from the Registrar. |
| (2) | Notwithstanding anything to the contrary contained in these regulations— |
| (a) | a mark referred to in subregulation (1)(g) may only be approved as a denomination for a variety if the applicant concerned submits documentary proof that the holder of the mark concerned renounces his or her right to such mark as from the date of filing an application for national listing for the variety concerned; and |
| (b) | the denomination approved by the registrar for a variety in respect of which protection or national listing has been granted by, or an application for protection or listing has been lodged with the appropriate authority in another country in accordance with the Jaws in force in that country must be the same as the denomination thus protected or thus applied for in such country, on condition however that the provision of subparagraph (a) are complied with and that a priority claim on such denomination is not proved by another person. |
| (3) | If the Registrar finds that the proposed denomination does not satisfy the requirements of subregulation (1), the Registrar must within 14 days of receipt of the application request the applicant in writing to propose an alternative denomination. |
| (4) | The applicant must within 30 days from the date of request propose an alternative denomination using form obtainable from the Registrar. |
| (5) | The duly completed and signed Schedule must be mailed, hand delivered or couriered to the office of the Registrar. |