(a)for the purpose of carrying out his duties or the performance of his functions under in so far as
it is necessary for the proper application ofthe provisions of this Act; or
(b) for the purpose purposes of legal proceedings under this Act or any other law; or
(c) when required to do so by any court or under any law; or
(d) when authorized thereto by the Minister,
disclose any information acquired by him or her in the carrying out of his duties or the performance
ofhis functions under this Act in relation to any new varietyfor which an application for the grant
of a plant breeder's right has been made or in respect of which such right has been granted, or in
relation to the business affairs of an applicant or the holder ofsuch rigltt exercising ofhis or her
powers or the performance ofhis or her duties in terms ofthis Act.
(2) Notwithstanding the provisions ofsubsection (1), the registrar may furnish to the holder ofa
plant breeder's right or to the person to whom a licence lvaS granted under section 25, any
information he or she has acquired pertaining to any action which constitutes an infringement ofthe
plant breeder's right in question.".
Amendment of section 42 of Act 15 of 1976
23. Section 42 of the principal Act is hereby amended by the substitution for subsection (3) of the
following subsection:
"(3) (a) The provisions ofsections 18(1), (3), (4) and (5) shall mutatis mutandis apply with
reference to an appeal An appeal under subsection (1) shall be heard on the date and at the time and
placejixed by the chairperson and he or she shall advise the person appealing and any other party
that has an interest in the appeal, in writing thereof
(b) The chairperson may, for the purposes ofthe hearing ofan appeal(i) summon any person who may give material information concerning the subject ofthe hearing or
who has in his or her possession or custody or under his or her control any document which has any
bearing upon the subject ofthe hearing, to appear before him or her at a time and place specified in
the summons, to be interrogated or to produce that document, and the registrar may retain for
examination any document so produced;
(ii) administer an oath to or accept an affirmation from any person called as a witness at the
hearing; and
(iii) call any person present at the hearing as a witness and interrogate him or her and require him
or her to produce any document in his or her possession or custody or under his or her control.
(c) The procedure at the hearing ofan appeal shall be as prescribed.
(b) (d) The person appealing and the registrar shall be entitled to be represented at an appeal by an
advocate or an attorney or by a patent agent registered under section 89 of the Patents Act, 1952 (.4ct
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