Plant Breeder's Right Proclamation No. 1068/2017.

This Proclamation shall apply to all genera and species of plants throughout the country, except those genera and species of plants excluded by the directives of the Ministry. Part 2 provides criteria for protection of plant variety, these are: distinct in one or more identifiable characteristics from any other variety; uniform with regard to its particular features of sexual reproduction or vegetative propagation, sufficiently homogenous or a well-defined multiline; stable in its distinctive characteristics after repeated reproduction or multiplication cycles; and new, in that, prior to the date of application, the seed or harvested material had not been available on the commercial marketing for more than one year in the territory of Ethiopia; or more than six years for varieties of trees or vines, or more than four years for any other species in the territory of any other state.
Subject to the exemptions and restrictions provided for in this Proclamation, a plant breeder’s right gives the holder the exclusive right to: a) sell or give permission to other persons to sell and b) produce or give permission to other persons to produce for market, the protected seed or the propagating material of the protected variety. Duration, eligibility, exemptions and also use of denomination are regulated. The Proclamation considers as well specific and distinct rights for farmers’ or pastoral communities: 1) small holder farmers or pastoral community shall have the right to save, use, exchange and sell farm-saved seed of any variety on the non-commercial marketing; 2) any farmer or pastoral community shall have the right to save and use farm-saved seed of any variety of food crops and other species that directly supporting his livelihoods. Compulsory Licensing is granted when the holder is not producing and selling the seed of the protected variety in sufficient amount to meet the needs of the general public and has refused to license other persons to produce and sell the seed of the protected variety or is not willing to give such license under reasonable terms and the Ministry considers necessary the licensing to safeguard public interest, national food security or public health.
Administration of the plant breeder's right falls on the Minister, Part 3 regulates application procedure. determination, granting. Part 4 Transfer of Right, surrender, revocation, etc. Part 5 contains infringement of right, claims, judicial remedies. Part 6 establishes that any person who infringes a plant breeders' right shall be subject to criminal liabilities.