Plant Breeders' Rights Proclamation (No. 481/2006).

This Proclamation, which has the force of Law, provides for the protection of rights of breeders in respect new plant varieties. The list of new plant genera and species shall be published by the Ministry of Agriculture and Rural Development and revised from time to time. A breeder shall be granted by the Ministry, on application, a plant breeders’ right in respect of his or her new plant variety. Subject to the exemptions and restrictions provided for in this Proclamation, a plant breeders’ right entitles the holder an exclusive right to: (a) sell, including the right to license other persons to sell, the seed or propagating material of the protected variety; and (b) produce, including the right to license other persons to produce, propagating material of the protected variety for sale. The Proclamation makes provision for the granting of compulsory licenses by the Ministry, provides with respect to application, registration, duration, revocation and transfer of a right, and to legal action in the case of infringement of a right. The Proclamation also sets out the principle of a farmers’ right and defines such right.