Protection of New Plant Varieties Act, 2007. Country/Territory Antigua and Barbuda Document type Legislation Date 2007 Source FAO, FAOLEX Long titleAn Act to provide for the protection of new varieties of plants, to give effect to the Agreement on Trade-Related Aspects of Intellectual Property Rights, 1994 as it relates to the protection of new plant varieties and for related matters. Subject Cultivated plants Keyword Basic legislation Plant production Plant variety Planting material/seeds Breeders' rights/farmers' rights Institution Legal proceedings/administrative proceedings Intellectual property rights/patents Geographical area Americas, Caribbean, Latin America and the Caribbean, North Atlantic, Small Island Developing States Abstract This Act provides for the protection of new varieties of plants. “Variety" is defined in section 2. The Director of Agriculture shall be responsible for the administration of this Act. The Act sets out in detail the criteria for the protection of a plant breeder’s right. These criteria are novelty, distinctness, homogeneity, and stability. Furthermore, a variety shall be denominated in accordance with section 27. Section 10 defines the right to apply for protection by one or more persons, whereas section 12 further qualifies applicants with respect to residence or citizenship. An application may be transferred or assigned in accordance with section13. The scope and duration of a plant breeder’s right are set out in section 15, whereas section 16 lists certain acts that are except from protection. Section 19 concerns the period of protection. Sections 22 to 33 set out procedures of application for and examination and grant of a plant breeder’s right. Section 27 contains rules for the denomination of a variety for which an applicant has been lodged. Section 39 concerns voluntary licensing of the right whereas section 40 provides for compulsory licensing. Remaining provisions concern legal proceedings and the register of plant breeder’s rights to be kept by the Registrar of Intellectual Property. Full text English Website laws.gov.ag