{"id":13394,"date":"2025-06-23T08:49:48","date_gmt":"2025-06-23T06:49:48","guid":{"rendered":"https:\/\/dev2.marketsonline.co.za\/spoor_bkp\/?p=13394"},"modified":"2025-06-30T13:38:06","modified_gmt":"2025-06-30T11:38:06","slug":"plant-breeders-rights-act","status":"publish","type":"post","link":"http:\/\/dev2.marketsonline.co.za\/spoor_bkp\/ja\/plant-breeders-rights-act\/","title":{"rendered":"The New South African Plant Breeders\u2019 Rights Act No. 12 of 2018 comes into force"},"content":{"rendered":"

The long-awaited new South African Plant Breeders\u2019 Rights Act No. 12 of 2018 (the New Act) came into operation as of 1 June 2025, and following the publication of Regulations to the new Act on 13 June 2025, the New Act is in force. The New Act repeals the Plant Breeders\u2019 Right Act No. 15 of 1976 (the Old Act).<\/p>\n

As from 13 June 2025, all new Plant Breeders\u2019 Rights (PBR) applications must be filed in terms of the New Act, and will fall under the provisions of the New Act.<\/p>\n

Aligning to international conventions<\/h2>\n

One of the main aims of the New Act is to bring South Africa\u2019s Plant Breeders\u2019 Rights (PBR) Laws into line with the 1991 Act of the UPOV Convention. In this regard, the New Act now applies to all plant genera and species.<\/p>\n

The New Act increases the protection afforded to PBR owners significantly, by:<\/p>\n

    \n
  1. Increasing the term of protection for specified fruit trees, vines, sugar cane and potatoes to 30 years, and 25 years for all other crops, calculated from the date of registration.<\/li>\n
  2. Removing the so-called \u201cFarmer\u2019s Privilege from \u201cMedium Scale Commercial\u201d, \u201cLarge Scale Commercial\u201d and \u201cMega\/Corporate\u201d Farmers. The Farmer\u2019s Privilege still applies to \u201cVulnerable Household\u201d and \u201cSubsistence Household\u201d Farmers who may not only save propagating material but also exchange propagating material, but only in respect of certain types of plants and for a maximum amount of material.
    \nThe types of plants and amounts are provided for in Regulation 6. The listed are in the Agricultural and Vegetable Crops, and also Fruit Crops. The Farmer\u2019s Privilege still applies to \u201cSmall Holder\u201d Farmers who may save propagating material, but only in respect of certain types of plants and for a maximum amount of material.A farmer who produces quantities of protected varieties for the kinds of plants listed in excess of the maximum quantities prescribed in Regulation 6 may save propagating material, but inter alia needs to notify the PBR owner of the volumes of propagating material saved and pay the PBR owner a reasonable royalty on the material saved. Definitions are provided in the Regulations for the different types of farmers.The types of plants and amount of material are listed in Regulation 6. The amount of material has been reduced considerably compared to the amount of material originally proposed in the draft Regulations. For example:
    \nGroundnut is reduced from 2000kg to 50kg,
    \nZea Mays L. is reduced from 3000kg to 12kg
    \nFruit Crops is reduced from 100 to 5 per kind.<\/li>\n
  3. Making the infringement of a PBR a criminal offence – A person convicted of such an offence will be liable to a fine infringement for a period not exceeding 10 years, or both such fine and imprisonment.<\/li>\n
  4. Extending the period of \u201cSole Right\u201d (the period during which the Registrar may not issue a compulsory licence), for fruit trees, vines, sugar can and potatoes to 8 years, and for all other crops from to 5 years.<\/li>\n
  5. Grants provisional protection automatically on application.<\/li>\n<\/ol>\n

    Under the Old Act it was necessary to submit plant material for most types of plants, for DUS testing in South Africa. The was a time limit of 12 months for making material available for DUS testing, but was possible, at the Registrar\u2019s discretion, to extend the deadline for submitting plant material indefinitely.<\/p>\n

    In terms of the New Plant Breeders\u2019 Rights Act, in the case of potatoes, trees and vines, the required amount of plant material must be made available for tests and trials within 5 years from the filing date and the applicant or agent must deliver the material to the office of the Registrar or inform the Registrar of the location of the material as applicable, and in the case of all other crops, the required amount of plant material must be delivered to the office of the Registrar within 24 months from the filing date. It is possible to apply to the for an extension not exceeding the initial period, and in the event of imported material. The application must be accompanied with a sworn affidavit as proof that the plant material has been imported into the Republic.<\/p>\n

    Further notable changes are that the New Act:<\/p>\n