New Plant Varieties
– The Protection of New Plant Varieties (Plant Breeders’ Rights) Act, 2012, in force since June 1, 2013.
Membership in International Conventions
– International Convention for the Protection of New Varieties of Plants (UPOV), 1991 Act, since November 22, 2015.
Conditions of Protection
Applicant: the breeder, his assignee or agent.
Foreigners: must appoint a local agent.
Conditions of protection: new plant varieties are registrable if they are new, distinct, uniform and stable.
Novelty: a variety is deemed to be novel if it (a) has not been sold, or otherwise disposed of to other breeders within Tanzania for trade or otherwise with the consent of the breeders (except for recognized and necessary testing purposes, made earlier than one year prior to the date of the application); and (b) has not been sold or otherwise disposed of to other breeders in any other country with the consent of the breeder, except for recognized and necessary purposes, made earlier than four years before the date of the application in respect of varieties other than trees of vine, for which the effective period is six years before the date of application.
Priority: one year from the date of application.
Filing Office: Ministry of Agriculture. Internet address: www.kilimo.go.tz
Filing requirements for an application (to be sent to resident agent):
1. Name and address of the applicant;
2. If the applicant is an assignee or successor in title to the breeder, the application must be accompanied by proof of title or authority and the name and address of the breeder of the new variety;
3. The origin and denomination, along with other description of the characteristics and properties of the new variety, including whether it has been listed or whether an application for the listing has been made;
4. Samples of propagation;
5. A list of all countries in which application for plant breeders’ rights has been made or in which plant breeders’ rights have been granted, specifying the number title, the effective dates of the application and the status or the disposition;
6. A list of all other countries in which the variety is listed or otherwise authorized for commercial release; and
7. A location at which plants of the new variety will be available for inspection.
Formal examination of the requirements for registration.
Opposition: within two months from the publication of the application in the Gazette, third parties may oppose the grant of the variety protection.
Granting: if the variety meets the requirements, the Registrar shall issue a certificate of registration to the applicant, enter the variety in the register and publish a notice of the grant in the Gazette.
Beginning of protection: date of granting.
Duration: twenty-five years for trees and vines and twenty years for other crops.
Annuities: to be paid from the second year after the date of filing.
Annuity grace period: six months from the due date, with a surcharge.
Licenses: the holder of plant breeders’ rights may grant to any person a license for exploitation rights to the variety. The Registrar must be notified within thirty days from the effective date of the license.
Assignment: the Registrar must be notified in writing of the transfer for it to be valid.
Compulsory license: may be requested after three years from the date of granting.
Cancellation: on failure of the holder of a plant variety right to take sufficient measures for securing the continuance of the plant variety or by failing to pay the due annuity.
Nullification: the Registrar may, either upon advice by the Plant Breeders’ Rights Advisory Committee or on the basis of an application of an interested person, nullify a plant variety right.