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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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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
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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
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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
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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
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7. SUBJECT MATTER FOR PROTECTION 7