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South Africa Case Law

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Intellectual Property [2003] ZASCA 136

Weltevrede Nursery (Pty) Ltd v Keith Kirsten’s (Pty) Ltd and Another (515/2002)

Weltevrede Nursery (Pty) Ltd v Keith Kirsten’s (Pty) Ltd and Another (515/2002) [2003] ZASCA 136; [2004] 1 All SA 181 (SCA); 2004 (4) SA 110 (SCA); 2003 BIP 328 (SCA) (28 November 2003)

The Supreme Court of Appeal found that Keith Kirsten’s (Pty) Ltd was not entitled to the plant breeder’s right for Canna Phasion because it was neither the breeder nor the discoverer of the variety. The application contained material misrepresentations regarding the origin and novelty of the plant, and the registration process failed to comply with statutory requirements, including the absence of a proper description and incorrect issuance of the certificate. The evidence established that the variety was known in the horticultural community before the application date, defeating the novelty r…

  • Plant Breeders Rights
  • Novelty Requirement
  • Misrepresentation
  • Administrative Action
  • Certificate Of Registration
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.