Plant Varieties Protection, Registration, Law Firm, Lawyer, Office, Attorney In South Africa

What are not protected under Plant Breeder's Rights

The Act does not protect the denomination given to such variety, if the:

i. Applications for the grant of protection are not in conformity with the Act

ii. Applied variety does not belong to a prescribed kind of plant

iii. Applicant is not entitled to make an application

iv. Application is mis-represented

v. Application infringes rights of an existing PBR holder

vi. Applicant fails to propose an acceptable denomination

vii. Propagation of the applied variety requires repeated usage of the propagating material of another variety to which plant breeders rights have been granted.

Examination Process and grant

- Upon receipt of the application, it is formally examined to confirm compliance with all the requisites.

- Upon application being compliant, it is published .

- Post publication and before grant of registration, interested third parties may file their opinion / objections challenging the grant of plant variety registration within a prescribed time limit.

- The application is once again examined for compliances and no dues by the Registrar along with subjecting it to substantial examination through trials and tests as necessary.

- There being no objections or objections successfully overcome by the application, the Registrar to grant registration to the applied variety.

Rights of the owner under Plant Breeder's Rights

Owners of the registered plant variety may undertake:

• Production and Reproduction

• Conditioning for the purposes of propagation

• Sale or any other form of marketing

• Exporting and Importing

• Stocking for all or any of the above acts

Concerning the registered plant variety.

Duration of Registration:

Vines and Trees - 25 yrs. from the date of grant of registration.

All other varieties – 20 yrs. from the date of grant of registration.

Continents

Treaties

FAQ

Member of International Treaties

Plant Breeder's Rights Legislation

Basic regarding protection of Plant Breeder's Rights

What are protected under Plant Breeder's Rights

What are not protected under Plant Breeder's Rights

Who may apply under Plant Breeder's Rights

Filing Requirements under Plant Breeder's Rights

Examination Process and grant

Rights of the owner under Plant Breeder's Rights

Compulsory Licence provision

Cost of registration