New Plant Varieties
– The Plant Varieties Protection Act 2004, with effect from July 1, 2004.
Membership in International Conventions
– International Convention for the Protection of New Varieties of Plants (UPOV), 1991 Act, since July 30, 2004.
Registrability: plant variety rights shall be granted for varieties that are new, distinct, uniform, stable and designated by a denomination.
Filing requirements for an application:
1. Application form containing description of the plant variety;
2. Proposed denomination for the plant variety;
3. Local address for service and fees.
Duration: twenty-five years for trees and vines, also for other plants.
Scope of protection: breeder’s authorization is required for (a) production or reproduction; (b) conditioning for the purpose of propagation; (c) offering for sale; (d) selling or other forms of marketing; (e) exporting; (f) importing; (g) stocking for any of the aforementioned purposes.
Exceptions: breeder’s authorization is not required for acts done privately and for non-commercial purposes, for experimental purposes or for the purpose of breeding other varieties.
Nullification and cancellation: proceedings are available after grant.