the date on which they were granted. (2) If the Registrar is satisfied, on application by a holder of plant breeders rights, that for reasons beyond the applicant’s control the applicant has not been adequately remunerated by the grant of such rights, the Registrar may extend the term of the rights for such further period, being not more than five years, as the Registrar considers suitable in the circumstances, which extension may be made subject to such conditions, if any, as the Registrar considers to be desirable. (3) An appeal shall lie from any decision of the Registrar under subsection (2). [inserted by Act 11 of 2001 with effect from 27 July, 2001] 18 Issue of licences (1) The holder of plant breeders rights may apply to the Registrar for the rights to be registered as rights in respect of which licences may be issued. (2) On receipt of an application in terms of subsection (1), the Registrar shall cause to be entered in the Register notice that licences in respect of the rights concerned may be issued by the holder and thereafter, if the holder grants to any person a licence to sell, import, reproduce or multiply reproductive material of the variety concerned, he shall, within three months of granting such licence, notify the Registrar in writing of the grant of the licence and of any conditions, limitations or restrictions imposed in terms of subsection (3). (3) In granting any licence referred to in subsection (2), the holder of the plant breeders rights may impose such conditions, limitations or restrictions as he thinks fit. (4) Within one month of the entry being made in the Register, the Registrar shall publish in the Gazette a notice giving such particulars of the entry as he thinks fit. (5) Where plant breeders rights are held by the State, the Minister may, on behalf of the State— (a) make an application in terms of subsection (1); and (b) grant licences referred to in subsection (2) to such persons and subject to such conditions, limitations or restrictions as he thinks fit. 19 Compulsory licences (1) Subject to this section, any person interested who can show that he has been unable to obtain a licence referred to in section eighteen in respect of a variety in respect of which plant breeders rights have been granted may apply in the prescribed manner for a compulsory licence on the ground that the reasonable requirements of the public with respect to the variety concerned have not or will not be satisfied. (2) An application in terms of subsection (1) shall— (a) set out fully the nature of the applicant’s interests, the facts on which he bases his case and the relief he seeks; and (b) be accompanied by— (i) an affidavit verifying the facts set out in the application; and (ii) a certificate from the Minister stating that it is in the public interest that the variety concerned be made freely available to the public. (3) An application in terms of subsection (1) shall be lodged with the Registrar who shall forthwith furnish the holder of the plant breeders rights with a copy of the application and the particulars accompanying the application. (4) If the holder of the plant breeders rights wishes to contest the application, he shall, within one month or such further period as the Registrar may allow from the date he is furnished with a copy of the application, lodge with the Registrar a counterstatement setting out particulars of the grounds upon which he will contest the application, and the Registrar shall furnish the applicant with a copy of the counterstatement. (5) On receipt of the counter-statement lodged in terms of subsection (4) or the