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.

Filing

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.

Protection

Duration: twenty-five years for trees and vines, also for other plants.

Annuities: payable.

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.