1 In pursuance of Article 1 of the Agreement to provide for the
Co-operation and Exchange of Scientists and Information in Ag-
ricultural Science and Technology signed on the 5th day of Fe-
bruary 1982 between the Government of the Republic of China a-
nd the Government of the Republic of South Africa, the Council
of Agriculture of the Republic of China (hereinafter referred
to as the "Council") and the Department of Agricultural Devel-
opment of the Republic of South Africa (hereinafter referred
to as the "Department" ) desire to expand their respective re-
search activities on the basis of mutual co-operation with ea-
ch other.
2 Definitions
2.1 "Protected Varieties" - The commodity group varieties desig-
nated by the Council.
2.2 " Protected Plants" - The number of plants of Protected Var-
ieties to be under the control of the Department as specifi-
ed by the Council either as own rooted plants or as scion,
interstock or rootstock portions of Protected Varieties on
individual plants.
2.3 "Protected Material" - Protected Plants and all asexual pro-
pagating material of Protected Varieties provided to the De-
partment by the Council and subsequent asexual propagating
material arising from the growth or culture of either as sp-
ecified by the Council.
3 In order to bring about the said research in the Republic of
South Africa as envisaged in paragraph 1 above, the Department
in conjunction with the Council, undertakes to grow for testi-
ng purposes only, in accordance with the instructions issued
by the Council and subject to the terms and conditions set fo-
rth in paragraph 4 hereunder, the protected Varieties, Plants
and/or Material. For this purpose the Council grants the Depa-
rtment permission to propagate and / or grow the said Protect-
ed Varieties, Plants and/or Material subject to the terms and
conditions referred to in paragraph 4 hereunder.
4 Terms and Conditions
4.1 All Protected Varieties, Plants and/or Material supplied by
the Council to the Department shall remain the sole and abs-
olute property of the Council.
4.2 The Department shall grow and/ or propagate the Protected V-
arieties, Plants and/or Material for testing purposes only.
4.3 The Department shall have in its possession or under its co-
ntrol at any one time no more than the number of Protected
Varieties, Plants and/or Material specified by the Council.
4.4 The Department shall grow Protected Varieties, Plants and/or
Material only on land and / or within nursery or laboratory
facilities owned and/or controlled by the Department.
4.5 Any spot or spots discovered on Protected Material shall be
reported immediately to the Council and shall be the exclus-
ive property of the Council.
4.6 The Department shall not ship, transport, transfer or assign
any Protected Varieties, Plants and / or Material to any ot-
her persons, domestic or foreign, without the express writt-
en permission of the Council. This provision shall survive
the termination or expiration of this Arrangement.
4.7 The Council shall have the right to terminate this Arrangem-
ent at any time upon notice of termination to the Department
.
4.8 The Department shall comply with all instructions of the Co-
uncil, including instructions relative to the possible disp-
osition of the said Protected Varieties, Plants and / or Ma-
terial in respect of which permission was granted to propag-
ate and / or grow as contemplated above in paragraph 3. The
Department undertakes to send to the Council periodical rep-
orts in writing as requested by the Council from time to ti-
me, setting forth its observations as to various characteri-
stics of interest. The Department undertakes to divulge to
the Council all information emanating from the Department's
activities in terms of this Arrangement.
4.9 The Department shall permit the Council to enter the Depart-
ment's test plots, nursery and / or laboratory facilities to
inspect the Protected Varieties, Plants and/or Material from
time to time and the Department, upon the request of the Co-
uncil, shall render an account in writing, to the Council r-
egarding the number and location of all Protected Varieties,
Plants and/or Material under its control.
4.10 The Department shall be liable to the Council for damages
resulting from any breach of any of the terms and conditio-
ns of this Arrangement with respect to Protected Varieties,
Plants and / or Material irrespective of whether the Prote-
cted Varieties, Plants and / or Material are patented or n-
ot.
4.11 Any commercial release of designated Protected Varieties,
Plants and/or Material shall be effected under a separate
agreement to be entered into between the Council of Agricu-
lture of the Republic of China and the Department of Agric-
ultural Development of the Republic of South Africa.
5 This Arrangement shall enter into force on the date of signat-
ure hereof.
DONE AND SIGNED at Cape Town on this Twenty-ninth day of the
First month of the Seventy-ninth year of the Republic of China
corresponding to the 29th day of January 1990.
FOR THE COUNCIL of
AGRICULTURE OF THE
REPUBLIC OF CHINA
[Signed]
CHAIRMAN OF THE COUNCIL
OF THE REPUBLIC OF CHINA
FOR THE DEPARTMENT OF
AGRICULTURAL
DEVELOPMENT OF THE
REPUBLIC OF SOUTH AFRICA
[Signed]
MINISTER OF AGRICULTURAL
DEVELOPMENT OF THE
REPUBLIC OF SOUTH AFRICA