Regulations relating to Plant Breeders' Rights: Amendment

This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 5 ApRil 2024 No. 50442 15 DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT NO. 4603 5 April 2024 PLANT BREEDERS' RIGHTS ACT, 1976 (ACT NO. 15 OF 1976) REGULATIONS RELATING TO PLANT BREEDERS' RIGHTS: AMENDMENT The Minister of Agriculture, Land Reform and Rural Development acting under section 44 of the Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976), has made the regulations set out in the Schedule. SCHEDULE Definition 1. In this Schedule 'the Regulations' means the regulations published by Government Notice No. R1186 of 12 September 1997, as amended by Government Notices Nos. R.1582 of 28 November 1997, R. 867 of 3 July 1998, R. 1285 of 16 October 1998, R. 323of 19 March 1999, R. 604 of 14 May 1999, R. 1271 of 29 October 1999, R. 392 of 20 April 2000, R. 690 of 14 July 2000, R. 1078 of 3 November 2000, R. 387 of 18 May 2001, R. 667 of 27 July 2001 , R. 512 of 3 June 2005, R. 545 of 15 June 2006, R. 1272 of 25 November 2008, R. 287 of 13 March 2009, R. 103 of 19 February 2010, R. 517 of 17 June 2011, R. 100 of 28 December 2012, R.90 of 14 February 2014, R. 82 of 13 February 2015, R. 39679 of 12 February 2016 and R. 40621 of 17 February 2017, R. 1399of 15 December 2018, No.42230 of 15 February 2019, No. 43035 of 21 February 2020 and No. 44593 of 21 May 2021, No. 46242 of 14 April 2022 and No. 48017 of 10 February 2023 Substitution of Table 2 of the Regulations 2. The following table is hereby substituted for Table 2 of the Regulations with effect from 1 April 2024. This gazette is also available free online at www.gpwonline.co.za 16 No. 50442 GOVERNMENT GAZETTE, 5 ApRil 2024 agriculture, land reform & rural development Depanment: Agriculture. Land Reform and Rural Development REPUBLIC OF SOUTH AFRICA TABLE 2 FEES PAYABLE W.R.T. PLANT BREEDERS' RIGHTS: 1 APRIL 2024 No. Purpose 1. An application for the Plant Breeders' Right [Reg. 3(2)(f)] 2. Examination fee for a plant breeders' right: Category A (agronomic.vegetable and pasture crops and annual ornamentals) [Reg. 3(2)(g) and /en (9)(1 )] 3.a Examination fee for a plant breeders' right: Category B (fruit, vines , citrus and perennial ornamentals) [Reg. 3(2)(g) and /en (9)( 1 )] 3.b Examination fee for a plant breeders' right: Category B (white and yellow maize) [Reg. 3(2)(g) and /en (9)( 1 )] 4. A claim to give priority in terms of section 8(2) of the Act to an application for the grant of the plant breeders' right [Reg. 4(2)( c)] 5. An objection to the grant of a plant breeders' righ t [Reg. 8(1)(e)] 6. Provision of results of tests and trai ls undertaken by the registrar, to the appropriate in a convention country or an agreement country [Reg. 9(3)] 7. Obtaining of results of tests and trials in the event that such test and tria ls are undertaken by another appropriate authority in another country[Reg . 9(3)] 8. Annua l fee for a plant breeders' right [Reg. 13(1 )(d)] 9. An application for the issue of a compu lsory licence in respect of a plant breeders' right [Reg. 13(1 )(d)] 10. Notice of the transfer of a plant breeders' right [Reg. 14(2)(b )] 11. An application for the alteration or supp lementation of the denomination approved for a variety [Reg. 15( 1 )(b )] 12. An objection against the intended approval of an alteration or supplementation of the denomination approved for a variety [Reg. 15(3)(e)] 13. An objection against the intended termination of a plant breeders' right [Reg. 16(1)(f)] 14. A notice of the voluntary surrender of plant breeders' right [Reg . 17(1 )(b)(i)] 15. Inspection of the register of plant breeders' right [Reg. 20(2)] 16. Inspection of a document submitted to the registrar in connection with an application for the grant of a plant breeders' right [Reg. 21 (2)] 17. A copy of any particulars in the register or of a document submitted to the registrar in connection with an application for the grant of a plant breeders' right [Reg. 21 (2)] 18. Submission of appeal against any decision or action taken by the registrar in terms of the Act [Reg .21 (2)] Amount R 3 308,00 each R 5 428,00 each R 7 352,00 each R 6 197,00 each R 1 717,00 each R 10 677,00 each Tariff to fluctuate with exchange rate. 350 CHF (Swiss Francs) Tariff to fluctuate with exchange rate. 350 CHF (Swiss Francs) R 525,00 each R 8 628,00 each R 1 434,00 each R 3 482,00 each R 1 434,00 each R 1 434,00 per right Free Free R 876,00 per occasion R 16,00 per application plus R 2.00 per photocoov R 7 387,00 each 19. Examination of sample to determine varietal purity I R 5 428,00 (Cat A) - R 7 352,00 (Cat B) - R 6 293,00 (Cat B maize