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PLANT BREEDERS RIGHTS POLICY

INTRODUCTION. World population continues to grow, arable land and other resources are becoming scarce.Need for increasing food production:Improved yieldBetter resistance to plant pests and diseasePlant breeding in Agriculture:Increases productivity and quality of plantsIncreases domestic fo

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PLANT BREEDERS RIGHTS POLICY

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    1. PLANT BREEDERS’ RIGHTS POLICY J.B. JAFTHA (D: Genetic Resources) N. NETNOU-NKOANA (Registrar: Plant Breeders’ Rights Act, 1976)

    2. INTRODUCTION World population continues to grow, arable land and other resources are becoming scarce. Need for increasing food production: Improved yield Better resistance to plant pests and disease Plant breeding in Agriculture: Increases productivity and quality of plants Increases domestic food production Increases the marketability of crops in the global market Plant breeding is expensive and time-consuming 2

    3. Overview of SA Plant Variety Protection Plant Breeder’s Rights Act, 1976 (amended in 1996) Dual testing system Official Testing at Evaluation Testing Centres Breeder’s trials (as prescribed) Plant Variety Protection based on UPOV SA bound to 1978 UPOV Convention

    4. PLANT BREEDER’S RIGHT (PBR) A plant breeder’s right is a form of intellectual property right granted to breeders of newly bred plant varieties. A plant breeder’s right therefore: provides the holder with a means of gaining financial remuneration for his efforts encourages breeders to continue with the breeding of new and better varieties Duration: 25 years in the case of vines and trees 20 years in all other cases Who can apply for a PBR? The person who bred a variety The employer of the person who bred the variety The successor in title Foreign applications can only be made through an agent residing in South Africa 4

    5. SCOPE OF A PLANT BREEDERS’ RIGHT The following acts in respect of a protected variety require prior authorization of the breeder: production or reproduction (multiplication) conditioning for the purpose of propagation offering for sale selling or other form of marketing exporting importing stocking for any of the above purposes 5

    6. EXCEPTIONS TO THE PLANT BREEDERS’ RIGHT The plant breeder’s right does not extend to: acts done privately and for non-commercial purposes; acts done for experimental purposes; acts done for the purposes of breeding other varieties; or a farmer who on land occupied by him uses harvested material obtained on such land from that propagating material for purposes of propagation. The harvested material must not be used for purposes of propagation by any person other than that farmer 6

    7. SUBJECT MATTER FOR PROTECTION 7

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