The Seeds and Plant Varieties (Plant Breeder's Rights) (Maize Scheme) Regulations

Legal Notice 74 of 2001

This is the latest version of this Legal Notice.
Citation
Legal Notice 74 of 2001
Primary work
Seeds and Plant Varieties Act
Date
31 December 2022
Language
English
Type
Legal Notice
Related documents
LAWS OF KENYA

SEEDS AND PLANT VARIETIES ACT

THE SEEDS AND PLANT VARIETIES (PLANT BREEDER'S RIGHTS) (MAIZE SCHEME) REGULATIONS

LEGAL NOTICE 74 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) (Maize Scheme) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—"authorized officer" means the Managing Director of the Kenya Plant Health Inspectorate Service.

3. Plant varieties to which the Scheme applies

There is hereby made a scheme to be called the Maize Scheme, which shall apply to all varieties of maize which conform with the characteristics of cultivated varieties of the species zea mays.

4. Period for which rights are exercisable

The period for which plant breeder's rights shall be exercisable in respect of the plant varieties referred to in regulation 3 shall be fifteen years.

5. Class of plant varieties

In relation to the plant varieties referred to in regulation 3, the class of plant varieties prescribed for the purposes of section 21 of the Act shall consist of all plant varieties of maize, sweetcorn and popcorn.

6. Prescribed period before compulsory licensing

For the purposes 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 for a period of two years after the date of grant of rights in that variety.

7. Offences

A person who infringes the plant breeder's rights in the registered name of a variety of maize covered by the Maize 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.
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History of this document

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