Plant Variety Protection Act.

This Act makes provision with respect to protection of plant varieties and plant breeders' rights, the improvement of plant varieties, the promotion of fair and equal sharing of benefits arising from the use of plant varieties, knowledge and technologies, and related matters. It applies to- (a) plant varieties under both in situ and ex situ conditions; (b) derivatives of the plant varieties; (c) plant breeders; and (d) export of seeds of plant varieties. It does not affect the traditional method of access, use or exchange of knowledge, technologies and plant varieties by local and between local communities and the sharing of benefits based upon the customary practices of the local communities.
The Plant Variety Protection Committee, established by this Act, shall, among other things, advise the Minister on policies relating to plant varieties and approve plant varieties to be registered. The Plant Variety Protection Office, established in the Ministry of Agriculture, Animal Industry and Fisheries, shall be headed by the Registrar of plant varieties. The Office shall, among other things, maintain the register for the plant breeders' rights and protect breeders' rights.
The Act furthermore, among other things; defines plant breeders' rights; defines rights in respect of dependant varieties; provides with respect to procedures for the application for and registration of plant breeders' rights; defines terms of protection of plant breeders' rights; provides with respect to measures against infringement; provides for appeal against any decision made under this Act regarding an application for plant breeders' rights; requires, at notification of the Office, a plant breeder to supply a specified genetic resource centre a specified quantity of propagating material; imposes a duty of maintenance of reproductive material; provides with respect to the revocation of rights; provides for the declaration of genetic resource centre as suitable centres for storage and maintenance of germplasm material for purposes of this Act; assigns regulation-making powers to the Minister.