Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)

Regulations

Regulations made in terms of the Plant Breeders' Rights Act

Plant Breeders' Right

4. Duration of a Plant Breeders' Right and Sole Right period

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(1) The period of duration of a plant breeder's right in terms of section 8 shall be granted
(a)for a period of 30 years in the case of fruit trees, vines, sugar cane and potatoes as specified in Table 2;
(b)for a period of 25 years for all other crops,

calculated from the date on which a certificate of registration is issued in terms of section 28(b).

 

(2) Sole right periods in terms of section 9 of the Act for each kind of plant shall be granted
(a)for a period of 8 years in the case of fruit trees, vines, sugar cane and potatoes as specified in Table 2;
(b)for a period of 5 years for all other crops,

calculated from the date on which a certificate of registration is issued in terms of section 28(b).

 

(3) The Registrar must amend Table 2 upon receiving an application for a new kind of fruit tree and vine not listed in the Table at the time of lodging such an application within 30 days of receiving an application.