Paragraph 2

While a protective direction is in force, anything which, if the plant breeders’ rights to which the application in question relates had been granted, would have constituted an infringement of those rights, or would under section 5(6) of this Act have been actionable in proceedings by the holder of those rights, may be the subject of proceedings under this paragraph.

Proceedings may be brought under this paragraph by the applicant in whose favour the protective direction is made against any person for an injunction or interdict requiring that person, while the protective direction is in force, not to do any of the things which may be the subject of proceedings under this paragraph, and the court may if it thinks fit grant an injunction or interdict accordingly on such terms as appear to the court to be just.

An undertaking not to institute or prosecute proceedings under this paragraph, whether or not a consideration is given for the undertaking, shall be void, and if the Controller is satisfied that an applicant in whose favour a protective direction is made has given such an undertaking, whether or not the undertaking be enforceable at law, he shall withdraw the protective direction.

A protective direction shall cease to be in force when the question whether the application for the grant of plant breeders’ rights is to be allowed or refused is finally determined, or at such earlier time as is provided under the following provisions of this Schedule.