paragraph (c), (d), (e), (j), (g), (h) or (i) (a) or (b) to a fine or to imprisonment for a period not
exceeding one year four years or to both such fine and such imprisonment ;"; and
(d) by the addition to subsection (1) of the following paragraphs:
"(iiijin the case ofafirst conviction ofan offence referred to in paragraph (c), (d), (e), (f), (g), (h) or
(i) to a fine or to imprisonment for a period not exceeding one year; or
(iv) in the case ofa second or subsequent conviction ofan offence referred to in paragraph (c), (d),
(e), (j), (g), (h) or (i) to a fine or to imprisonment for a period not exceeding hl'o years.".
Amendment of section 46 of Act 15 of 197&
27. Section 46 of the principal Act is hereby amended(a) by the substitution in subsection (1) for the words preceding paragraph (a) of the following words:
"The registrar, or an officer who under the delegation, control or direction of the registrar exercises
the powers performs the functions and carries out the duties assigned to or imposed upon the
registrar under this Act, shall be guilty of an offence and liable on conviction to a fine not exceeding
five hundred rand or to imprisonment for a period not exceeding one year- "; and
(b) by the substitution for subsection (4) of the following subsection:
"(4) Nothing in this section contained shall apply to the breeder of a new person "who bred, or
discovered and developed, a variety of a plant or to any acquisition by bequest or devolution in law
inheritance.".
Amendment of section 47 of Act 15 of 1976
28. Section 47 of the principal Act is hereby amended(a) by the substitution for subsection (1) of the following subsection:
"(1) The holder of a plant breeder's right may upon proof of an infringement of that right and without
proof of damages which might arise from such infringement, recover by action in any competent
court from the person who infringed the plant breeder's right compensation in respect of such
infringement in an amount not exceedingfive hundred rand RIO 000."; and
(b) by the addition of the following subsections:
"(4) The holder ofa plant breeder's rights or an)' person to whom a licence has been granted under
section 25 or 27 may institute a claimfor damages suffered by such holder or such person due to the
infringement ofthat plant breeder's right.
(5) In the case ofproceedings referred to in subsection (4) instituted b)' a person to whom a licence
has been granted under section 25 or 27, the hoidel' of I he rei evant piant breeder's right shall be
joined as a party to those proceedings.
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