Plant Improvement Act, 2018 (Act No. 11 of 2018)RegulationsRegulations made in terms of the Plant Improvement Act, 2018Chapter V: Registration of Varieties65. 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. |