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Plant Breeders' Rights Act, 1976.

Country/Territory
South Africa
Document type
Legislation
Date
1976 (1996)
Source
FAO, FAOLEX
Original source
Official publication, pp. (1799/1800) 301-325.
Long title
An Act to provide for a system whereunder plant breeders' rights relating to varieties of certain kinds of plants may be granted and registered; for the requirements which have to be complied with for the grant of such rights; for the protection of such rights and the grant of licences in respect of the exercise thereof, and to provide for incidental matters.
Subject
Cultivated plants
Keyword
Plant production Planting material/seeds Plant variety Breeders' rights/farmers' rights Registration Legal proceedings/administrative proceedings Authorization/permit Basic legislation Intellectual property rights/patents
Geographical area
Africa, South Atlantic, Southern Africa
Abstract

Section 1 defines, inter alia, "breeder", "essential characteristics", and variety". The Act shall apply in relation to every variety of any prescribed kind of plant if it is new, distinct, uniform and stable (sect. 2). Plants to which he Act applies shall be prescribed by Regulation. Section 2 subsequently defines "new", "distinct", "uniform", and "stable". The Minister shall designate an officer as Registrar of Plant Breeders' Rights under section 3. The Registrar shall keep a Register in which prescribed particulars in respect of plant breeders' rights shall be entered (sect. 4). The Registrar may enter into agreements with appropriate authorities of countries being member of the Convention for the Protection of New varieties of Plants for purposes outlined in section 5A. Sections 6 to 13 provide for the application of plant breeders' rights and in particular for priority and updating of applications, denomination of varieties, and rejection of application. The Registrar may grant provisional protection of a right under sections 14 to 16. Objections against grant of a right may be made by any person under sections 17 and 18. The Registrar shall consider applications in accordance with terms laid down in section 19. Plant breeders' rights shall be granted under section 20. Plant breeders' rights shall be granted for 25 years in the case of vine and trees and 20 years in all other cases. Section 23 sets out rights of holders of a plant breeders' right, whereas section 23A provides for the infringement of rights. A licence may be granted by a holder of a right authorising the use of rights related to a plant breeders' right. Section 27 provides for the grant of compulsory licences. Remaining provisions deal with joint holding of a right (sect. 28), transfer (sect. 29), and termination of rights (sect. 33), alteration of denomination (sect. 32), proof and legal proceedings, secrecy, regulation making powers of the Minister, offences, and compensation for infringement. (53 sections)

Full text
English

References - Legislation

Implemented by

Regulations relating to Plant Breeders’ Rights (No. R. 1186 of 1997).

Legislation | South Africa | 1997

Keyword: Plant production, Planting material/seeds, Plant variety, Breeders' rights/farmers' rights, Registration, Legal proceedings/administrative proceedings, Authorization/permit, Intellectual property rights/patents

Source: FAO, FAOLEX

Repealed by

Plant Breeders’ Rights Act, 2018 (No. 12 of 2018).

Legislation | South Africa | 2019

Keyword: Basic legislation, Breeders' rights/farmers' rights, Plant production, Planting material/seeds, Plant variety, Registration, Legal proceedings/administrative proceedings, Institution, Authorization/permit, Enforcement/compliance, Offences/penalties, Intellectual property rights/patents

Source: FAO, FAOLEX