Royal Decree 49/2009 promulgating the Law on the Protection of breeders' rights in new varieties of plants.
Country
Type of law
Legislation
Abstract
This Royal Decree consisting of 27 articles issues the Law on the protection of new plant varieties. The aim of this Law is to guarantee the breeders’ right. The Minister of Agriculture shall identify the plant species that need protection. The Law states the conditions for granting the breeders’ rights, the application procedure, and the conditions for grant, revocation and enforcement of the rights. The Minister of Agriculture shall publish the implementing Regulations for this Law.
The Decree establishes that the breeder’s right shall be granted where the variety is (i) new; (ii) distinct; (iii) uniform; and (iv) stable. To have the breeder's right recognized it is necessary to submit an application (arts.10-11). Any decision to grant a breeder’s right shall require an examination for compliance with the required conditions (art.12). Provisional protection is provided to the breeder during the period between the publication of the application for the grant of a breeder’s right and the grant of that right (art.13). The breeder's consent is requested for the following acts in respect of the propagating material of the protected variety (i) production or reproduction (multiplication); (ii) propagation; (iii) offering for sale; (iv) selling or other marketing; (v) exporting; (vi) importing; and (vii) stocking. The breeder may make his authorization subject to conditions and limitations. Article 15 lists the exceptions to the breeder's right. Small farmers shall not infringe the breeder’s right if they use for propagating purposes, on their own holdings, the product of the harvest which they have obtained by planting the protected variety provided that this use is within reasonable limits and subject to the safeguarding of the legitimate interests of the breeder (art.15). The breeder’s right shall be granted for a period of 20 years (25 years for trees and vines).
The Decree deals also with (i) rules for denomination; and (ii) nullity, cancellation and termination of breeder's right.
The Decree establishes that the breeder’s right shall be granted where the variety is (i) new; (ii) distinct; (iii) uniform; and (iv) stable. To have the breeder's right recognized it is necessary to submit an application (arts.10-11). Any decision to grant a breeder’s right shall require an examination for compliance with the required conditions (art.12). Provisional protection is provided to the breeder during the period between the publication of the application for the grant of a breeder’s right and the grant of that right (art.13). The breeder's consent is requested for the following acts in respect of the propagating material of the protected variety (i) production or reproduction (multiplication); (ii) propagation; (iii) offering for sale; (iv) selling or other marketing; (v) exporting; (vi) importing; and (vii) stocking. The breeder may make his authorization subject to conditions and limitations. Article 15 lists the exceptions to the breeder's right. Small farmers shall not infringe the breeder’s right if they use for propagating purposes, on their own holdings, the product of the harvest which they have obtained by planting the protected variety provided that this use is within reasonable limits and subject to the safeguarding of the legitimate interests of the breeder (art.15). The breeder’s right shall be granted for a period of 20 years (25 years for trees and vines).
The Decree deals also with (i) rules for denomination; and (ii) nullity, cancellation and termination of breeder's right.
Attached files
Date of text
Entry into force notes
This Royal Decree enters into force a day after the date of its publication in the Official Gazette.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
مرسوم سلطاني رقم ٤٩/٢٠٠٠٩ بإصدار قانون حماية حق مستنبط الأصناف النباتية الجديدة
Repeals