(b) use the results oUests and trials conduct on that variety and obtained by him in
terms of an agreement referred to in article (14) in order to enable him to determine
whether such a variety may be recognized.
(3) A person whose application IS being considered shall, for the purposes of such tests
and trials and at the time and place determined by the Controller of Seeds (a) subject to the provisions of subsection (4) of this article, pay the appropriate
prescribed examinationf~and
(b) furnish the Controller of Seeds (i)
with such quantity of seed of the variety as may be defined by the
Controller of Seed;
(ii)
with such specimens of plants of the variety or of such parts thereof as
may be defined by the Controller of Seed; and
(iii)
with such information in connection with the variety as may be defined by
the Controller of Seed.
(4) If the Controller of Seeds for the purposes of the consideration of an application in
terms of subsection (1) of this article, decides to use the results referred to in
subsection (2)(b) of this artiCle (a) the costs incurred in obtaining the results shall be reimbursed to the Controller of
Seeds by the person whose application is being considered; and
(b) the Controller of Seeds may before taking any steps, require that person to furnish
a written undertaking or suitable guarantee for the reimbursement of such costs.
10. Rejection of Application
(1) The Controller of Seeds may reject an application for the recognition of a variety if it
appears to him (a) that the application
(i)
does not comply with any provision of this Act;
(ii)
contains a material misrepresentation;
(iii)
fraudulently affects the rights of the holder of a plant breeders' right or of
the person to whom provisional protection has been granted in terms of
this Act;
(b) that the
(i)
(ii)
(iii)
applicaoJ~
___
r _ _ _ _ _ _ _ _ , _ _ _ _ _ _ _ _ _ _ _ _ __
is not, under this Act, entitled to make the "'application;
refuses or has failed or is not able to propose an acceptable
denomination;
refuses or has failed or is not able to furnish a written undertaking or
suitable guarantee referred to in article 8(4) after having been requested
to do so.
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