Protection of New Plant Varieties Act No. 634 of 2004.

The present Act provides for the protection of the rights of breeders of new plant varieties, the recognition and protection of contributing farmers, local communities and indigenous people, supporting, funding and encouraging investment in and development of new plant varieties in both public and private sectors.
The Act is divided in the following Parts: Preliminary (I); Plant Varieties Board (II); Procedure and Conditions for Application of Registration of New Plant Variety and Grant of Breeder’s Right (III); Rights, Limitations and Duties of a Holder (IV); Compulsory licence (V); Invalidation, Revocation, Surrender and Assignment or Transmission (VI); Appeals (VII); Infringement (VIII); Offences (IX); Enforcement (X); Miscellaneous (XI).
The Act provides for the estbalishment of the Plant Varieties Board and defines its functions and powers, including; to set appropriate systems for the examination of new plant varieties; to consider and approve or reject applications for registration of new plant varieties and grant of breeder’s rights; to impose fees or administrative charges; and to set terms and conditions pertaining to the samples of registered plant varieties. There shall also be a Plant Varieties Fund administeres and controlled by the Board.