Plant Breeders' Rights Act, 2012 (No. 29 of 2012).

This Act concerns the protection of rights of plant breeders in respect of developed or discovered varieties that may be registered and provides with respect to the Plant Breeders' Rights Office, the Plant Breeders' Rights Advisory Committee, the Plant Breeders’ Rights Development Fund, the Appeals Board and the appointment of the Registrar of Plant Breeders' Rights. The Act consists of 58 sections divided into 12 Parts: Preliminary provisions (I); Plant Breeders' Rights Office (II); Varieties that may be protected (III); Application for plant breeders’ rights (IV); Consideration and disposition of applications (V); Provisional and final protection (VI); Nullity, cancellation and surrender of plant breeders’ rights (VII); Authorization and assignments (VIII); Appeals (IX); Plant Breeders’ Rights Development Fund, accounts, audit and annual report (X); Offences and penalties (XI); Miscellaneous provisions (XII).
The Plant Breeders' Rights Registry is established within the Ministry responsible for agriculture. The Minister shall appoint a Registrar of Plant Breeders Rights who shall be responsible for granting plant breeders’ rights, maintaining the register and shall carry out other duties listed in section 5. Section 6 lists the information regarding plant varieties and rights to be entered into the Register. The Register shall issue a certificate of registration pursuant section 7. A Plant Breeders Rights Advisory Committee is established under section 9. Sections 12 and 13 concern the protection of new plant varieties. Varieties shall be considered new and eligible for a plant breeders’ right if they meet the criteria set out in sections 14 to 17. The Minister shall appoint an Appeals Board under section 43 and shall establish a Plant Breeders' Rights Development Fund pursuant to section 46. For the list of agricultural crops specified by the Minister, which shall not include fruits, ornamentals, vegetables or forests trees, the breeder's right shall not extend to a farmer who, within reasonable limits and subject to the safeguarding of the legitimate interests of the holder of the breeders' right, uses for propagating purposes on his or her own holding, the product of the harvest which he has obtained by planting on his or her own holding, the protected variety or a variety covered by section 30(5)(a) or (b). The reasonable limits and the means of safeguarding the legitimate interests of the holder of the breeders' right shall be specified in the Regulations.