The long-awaited Plant Breeders' Rights Act, 2018 has officially replaced the outdated 1976 Act, ushering in a modernised regime aligned with international standards (UPOV 1991).
Some of the key changes include:
- Expanded scope of protection
Protection under the new Act has been expanded to apply to all plant genera and species, not just those prescribed by the Minister.
- Extended term of protection
The term of protection has increased to 30 years for fruit trees, vines, sugar cane and potatoes (previously 25), and 25 years for all other plants (up from 20).
- Provisional protection
Unlike the repealed Act, where an applicant had to specifically request provisional protection, in exchange for an undertaking not to commercialise the variety concerned until the Plant Breeders' Right was granted, the 2018 Act automatically grants provisional protection from the date of filing of the application.
- Refined “Farmers Privilege”
The Act defines categories of farmers, crops and quantities in relation to farm saved seed, and blanket “Farmer's Privilege” exemptions have been removed. “Farmers Privilege” now only applies to “Vulnerable households” farmers, ”Subsistence Household” farmers and, to a lesser extent, “small holder” farmers.
- Criminalisation of infringement
Infringement of a Plant Breeders' Right is now considered a criminal offence, punishable by a fine or imprisonment of up to 10 years, or both.
These and other changes introduced by the new Act enhance IP protection for plant breeders, support innovation in agriculture, and better align South Africa's Plant Breeders' Rights Legislation with international standards.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
