Effect of Plant Breeders’ Rights

Rights of holder

The effect of plant breeders’ rights protection is that any person intending to undertake-

• the production or reproduction,
• conditioning for the purpose of propagation,
• sale or any other form of marketing, importing or exporting,
• stocking for any of these purposes

of propagating material or harvested material (including plants) obtained through unauthorised use of propagating material of the variety protected, must obtain authority by way of a licence from the holder of the plant breeders’ rights. The holder of plant breeders’ rights thus has the sole right in South Africa to produce, sell, import, etc. the propagating or harvested material (section 23).

Duration

Prior to the 1996 Amendment Act, the duration of plant breeders’ rights varied between 15 and 25 years, calculated from the date of issuance of the registration certificate.  Since the 1996 Amendment Act, plant breeders’ rights are granted for 25 years for vines and trees, and for 20 years in all other cases (section 21).

Annual Fees

In order to keep a plant breeders’ right in force, it is necessary to pay annual fees. The first annual fee is payable by January 1 of the year following the date of grant. Subsequent annual fees are payable by January 1 of each successive year for the duration of the right.

Marking

After registration, propagating material sold for purposes of propagation must indicate the denomination of the variety on a label attached thereto, or if it is packed, on its container.