| Attachment | Size |
|---|---|
| act-14-1981.pdf | 772.18 KB |
Plant Breeders’ Rights Amendment Act, 1981 (No. 14 of 1981)
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
__ Words underlined with solid line indicate insertions in existing enactments.
Act
- to amend the Plant Breeders' Rights Act, 1976, so as
- to redefine the expressions "department" and "Minister"; and
- to limit applications for a plant breeder's right to certain persons; and
- to provide for incidental matters.
(English text signed by the State President.)
(Assented to 10 February 1981.)
BE IT ENACfED by the State President and the House of Assembly of the Republic of South Africa, as follows:-
Amendment of section 1 of Act 15 of 1976, as amended by section 1 of Act 5 of 1980.
1. Section 1 of the Plant Breeders' Rights Act, 1976 (hereinafter referred to as the principal Act), is hereby amended-
(a) by the substitution for the definition of "department" of the following definition:
"'department' means the Department of [Agricultural Technical Services] Agriculture and Fisheries;"; and
(b) by the substitution for the definition of "Minister" of the following definition:
"'Minister' means the Minister of Agriculture and Fisheries;".
Amendment of section 6 of Act 15 of 1976, as substituted by section 4 of Act 5 of 1980.
2. Section 6 of the principal Act is hereby amended by the addition of the following subsection, the existing section becoming subsection (1):
"(2) An application referred to in subsection 1 may only be made by a person who-
(a) is a citizen of, or is domiciled in, the Republic or a convention country or an agreement country; or
(b) in the case of a juristic person, has a registered office in the Republic or a convention country or an agreement country.".
Amendment of section 7 of Act 15 of 1976, as substituted by section 5 of Act 5 of 1980.
3. Section 7 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:
"(2) An application under subsection (1) by a person who is not resident in the Republic or, in the case of a juristic person, which does not have a registered office in the Republic, shall be submitted only through an agent [who is resident in the Republic].".
Short title.
4. This Act shall be called the Plant Breeders' Rights Amendment Act, 1981.
Commencement
25 February 1981
