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Protection of New Plant Varieties (Plant Breeders' Rights) Act, 2002 (No. 22 of 2002).

Type of law
Legislation
Source


Abstract
The Act consist of 59 sections divided into 12 Parts: Preliminary provisions (I); Plant Breeders Registry (II); Varieties that may be protected (III); Application for plant breeders’ rights (IV); Consideration and disposition of applications (V); Provisional, final protection and holders, duties (VI); Termination and surrender of plant breeders’ rights (VII); Licences and assignments (VIII); Appeals (IX); Establishment of Plant Breeders’ Rights Development Fund (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 to section 8. A Plant Breeders Rights Advisory Committee is established under section 10. Section 13 concerns 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 20. The Minister shall appoint an Appeals Board under section 45 and a Plant Breeders' Rights Development Fund under section 48.
Long title of text
An Act to provide for the establishment of a registry of plant breeders’ rights; promotion of plant breeding and facilitation of agricultural advancements through the grant and regulation of plant breeders’ rights and for maters connected therewith.
Date of text
Entry into force notes
The Act shall enter into force on a date to be appointed by the Minister.
Repealed
Yes
Source language

English

Legislation Amendment
No