Plant Improvement Act, 2018Chapter 3 : Registration of Business and Premises26. Removal of variety denomination from national varietal list |
| (1) | The Registrar may remove the denomination of a variety from the national varietal list if— |
| (a) | it is established that the requirement specified in section 27(1)(a) has not been complied with at the time of approval of the variety; |
| (b) | a requirement specified in section 27(1)(b) or (c) is no longer complied with; |
| (c) | it is in the public interest to remove it; |
| (d) | the results of an evaluation referred to in section 38 indicate that the use of the variety is not in the public interest; |
| (e) | the applicant has failed to provide the registrar with information or propagating material considered necessary for verifying the maintenance of the variety within three months of the date on which the registrar requested the information or material in terms of section 25(1); |
| (f) | the applicant has failed to propose within 30 days from the date of notification in terms of section 34(2) another suitable denomination if the denomination of the variety is cancelled after approval of the variety; or |
| (g) | a third party has, in the prescribed format, lodged an application for the removal of a denomination of a variety to the registrar, in the event that— |
| (i) | such third party has reason to believe that any of the circumstances contemplated in paragraphs (a) to (d) are present; and |
| (ii) | the Registrar, after investigation, is of the view that such circumstances are present. |
| (2) | The Registrar must— |
| (a) | notify the applicant of the variety concerned in writing that removal of the denomination of the variety from the national varietal list is being considered and provide the reasons for such consideration, unless the identity and address is unknown to the Registrar; |
| (b) | request the applicant of the variety concerned to submit reasons in writing within the prescribed period as to why the denomination of the variety should not be removed; |
| (c) | consider any reasons received pursuant to the notice contemplated in paragraph (a); |
| (d) | make a decision whether or not to remove the denomination of the variety; and |
| (e) | in the event that he or she decides to remove the denomination of the variety in accordance with subsection (1)— |
| (i) | inform the applicant of the variety concerned in writing of the removal and the reasons for the decision; and |
| (ii) | remove the variety within 60 days in the event that the applicant of the variety concerned does not lodge an appeal to the removal. |
| (3) | The Registrar must remove the denomination of a variety from the national varietal list if ordered by a court or the Minister in terms of section 50. |