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The Seeds and Plant Varieties (Plant Breeder's Rights) (Root and Tuber Crops Scheme) Regulation

Legal Notice 73 of 2001

This is the latest version of this Legal Notice.
The Seeds and Plant Varieties (Plant Breeder's Rights) (Root and Tuber Crops Scheme) Regulation
Citation
Legal Notice 73 of 2001
Primary work
Seeds and Plant Varieties Act
Date
31 December 2022
Language
English
Type
Legal Notice
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LAWS OF KENYA

SEEDS AND PLANT VARIETIES ACT

THE SEEDS AND PLANT VARIETIES (PLANT BREEDER'S RIGHTS) (ROOT AND TUBER CROPS SCHEME) REGULATION

LEGAL NOTICE 73 OF 2001

  • Published in Kenya Gazette Vol. CIII—No. 31 on 25 May 2001
  • Commenced on 25 May 2001
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation.

These Regulations may be cited as the Seeds and Plant Varieties (Plant Breeder's Rights) (Root and Tuber Crops Scheme) Regulations, 2001.

2. Interpretation.

In these Regulations, unless the context otherwise requires—"authorized officer" means the Managing Director of the Kenya Plant Health Inspectorate Service;"plant variety" includes any clone, line, hybrid or genetic variant.

3. Plant varieties, for which plant breeder's rights may be granted.

There is hereby made a scheme to be called the Root and Tuber Crops Scheme, which shall apply to root and tuber crops which conform with the characteristics of cultivated varieties of any of the species specified in the first column of the Schedule hereto.

4. Period for which rights are exercisable.

The prescribed period for which plant breeder's rights shall be exercisable in respect of the plant varieties referred to in regulation 3 shall be the period of the years specified in the second column of the Schedule.

5. Period prescribed before compulsory licensing.

For the puprposes of section 23 (4) of the Act, a compulsory licence granted by the authorized officer in respect of a plant variety specified in regulation 3 shall not have effect from the date of grants of rights in that variety for the period of years specified in the third column of the Schedule.

6. Offences.

A person who infringes the plant breeder's rights in the registered name of a variety of root or tuber covered by the Root and Tuber Crops Scheme commits an offence and is liable to a fine of three thousand shillings or to imprisonment for a term of three months or to both.

SCHEDULE [r. 3]

ROOTS AND TUBER CROPS SCHEME

NameCommon namePeriod of yearsfor which rightsare exercisablePeriod of yearsprescribed forpurpose of section23 (4)
Beta vulgarisBrassica raps L.Dioscorea L.1pomea butatasManihot esculentumSolarium tuberosumBeetTurnipYamsSwcct potatoCassavaIrish potato151515151515332222
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History of this document

31 December 2022 this version
25 May 2001
Published in Kenya Gazette 31
Commenced