Plant Improvement Act, 2018 (Act No. 11 of 2018)Chapter 7 : Variety Denominations34. Amendment of denomination |
| (1) | The Registrar must amend the denomination approved in respect of a variety in terms of section 33, if— |
| (a) | ordered by a court on application by a person who in law has a preferential claim to the use of the denomination in question; |
| (b) | the information submitted to the Registrar in the application for the approval of, or in connection with, the denomination in question was incorrect and such denomination would not have been approved had the Registrar known at the time of the application that such information was incorrect; or |
| (c) | information comes to light which, if discovered earlier, would have resulted in the refusal of such denomination. |
| (2) |
| (a) | If an amendment becomes necessary on any ground referred to in subsection (1), the Registrar must notify the relevant applicant accordingly in writing within 21 days and must give the reasons in the notice why the amendment is necessary. |
| (b) | The applicant must submit proposals in writing to the registrar for an alternative denomination within 30 days from the date of receipt of the notice referred to in paragraph (a). |
| (3) | An applicant may request the Registrar in the prescribed manner at any time before the approval of the variety for national listing to amend the approved denomination. |
| (4) | The Registrar must consider the request referred to in subsection (3) and must notify the applicant of his or her decision and provide the reasons for the decision if rejected, in writing within 21 days of the date on which the request was received. |
| (5) | Any person may lodge an objection in the prescribed manner and within the prescribed period against an intended amendment of a variety denomination. |