21. Section 33 of the principal Act is hereby amended by the substitution for subsections (I) and (2)
of the following subsections, respectively:
"(1) A plant breeder's right shall terminate upon the expiry of the relevant period prescribed ill
respect thereof under contemplated in section 21.
(2) The registrar may terminate a plant breeder's right prior to the termination contemplated ill
subsection (1), if he is satisfied expiry ofthe plant breeder's right if
(a) that any information submitted to him or her in the application for such a right or in connection
with such an application, was incorrect and tltat t(such a right would not have been granted ifhe or
or she had known that the information was incorrect;
(b) that information has come to light which, if discovered earlier, would have resulted in the plant
breeder's right being refused;
(c) that priority should be given under section 8 to any other appl ication for the grant of a plant
breeder's right in the same variety;
(d) that the holder of the plant breeder's right refuses or has failed or is not in a position to furnish
the registrar with propagating material of the relevant variety which conforms to the requirements of
paragraph (a) of section 24(1);
(e) that the holder of the plant breeder's right has failed to comply with any request under paragraph
(b) of section 24( 1), or thtu he or she has prevented the registrar from undertaking an inspection
referred to in section 24(2);
(f) that the holder of the plant breeder's fight refuses or has failed or is not in a position to submit a
proposal for an alteration or a supplementation of a denomination after having been requested to do
so under section 32 (3);
(g) that the annual fee under in terms o] section 22 was not raid within the time period referred to in
that section;
(h) the plant breeder's right has been granted to a person who is not entitled thereto, unless it is
transferred to the person who is entitled thereto: or
(i) the holder ofthe plant breeder's right is ordered to terminate the plant breeder's right by an order
ofcourt,",
Amendment of section 40 of Act 15 of 1976, as su bstitutcd by section 5 of Act 38 of 1983
22. The following section is hereby substituted for section 40 of the principal Act:
"Secrecy
40.(1) No person shall, except-
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