The Seeds and Plant Varieties (Plant Breeder's Rights) (Oil and Fibre Crops Scheme) Regulations

Legal Notice 76 of 2001

This is the latest version of this Legal Notice.
Citation
Legal Notice 76 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) (OIL AND FIBRE CROPS SCHEME) REGULATIONS

LEGAL NOTICE 76 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) (Oil and Fibre Crops 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;“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 Oil and Fibre Crops Scheme, which shall apply to all plant varieties of oil and fibre crops which conform with the characteristics of cultivated plant varieties of any of the species specified in the first column of the First Schedule hereto.

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 the period of the years specified in the second column of the First Schedule.

5. Class of plant varieties

The classes of plant varieties prescribed for the purposes of section 21 of the Act shall consist of—
(a)in relation to plant varieties of sunflower; all plant varieties of the species specified in Part I of the Second Schedule;
(b)in relation to plant varieties of the rapeseed and mustard; all plant varieties of the species specified in Part II of the Second Schedule;
(c)in relation to plant varieties of sesame; all plant varieties of the species specified in Part III of the Second Schedule;
(d)in relation to plant varieties of safflower; all plant varieties of the species specified in Part IV of the Second Schedule;
(e)in relation to plant varieties of castor; all plant varieties of the species specified in Part V of the Second Schedule;
(f)in relation to plant varieties of groundnut; all plant varieties species specified in Part VI of the First Schedule;
(g)in relation to plant varieties of jojoba; all plant varieties of the species specified in Part VII of the Second Schedule;
(h)in relation to plant varieties of soyabean; all plant varieties of the species specified in Part VIII of the Second Schedule;
(i)in relation to plant varieties of linseed and flax; all plant varieties of the species specified in Part IX of the Second Schedule;
(j)in relation to plant varieties of sisal; all plant varieties of the species specified in Part X of the Second Schedule;
(k)in relation to plant varieties of cotton; all plant varieties of the species specified in Part XI of the Second Schedule;
(l)in relation to plant varieties of kenaf; all plant varieties of the species specified in Part XII of the Second Schedule;
(m)in relation to plant varieties of coconut; all plant varieties of the species specified in Part XIII of the Second Schedule.

6. Periods prescribed 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 or group specified in regulation 3 shall not have effect from the date of grant of rights in that variety, for the period of years specified in the third column of the First Schedule.

7. Offences

A person who infringes the plant breeder’s rights in the registered name of a variety of oil or fibre crop covered by the Oil Fibre 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.

FIRST SCHEDULE

PLANT VARIETIES INCLUDED IN THE OIL AND FIBRE CROPS SCHEME

SpeciesPeriod of yearsfor which rightsareexercisablePeriod of yearsprescribed beforecompulsory licensing
NameCommon name
Helanthus annus LSunflower 1
Brassica napus L.Rapeseed152
Sesame indicum LSasame152
Carthamus tinctorius L.Safflower152
Ricinus communis L.Castor bean152
Arachis hypogea L.Groundnut152
Simmondsia chinensisJojoba203
Glycine max (L.) merrilSoyabean151
Linum usitatissimum L.Linseed and flax152
Agave sisallnaSisal202
Gossypium hirsutumCotton202
Hibiscus cannabinusKenaf202
Cocos nucifera L.Coconut253

SECOND SCHEDULE [s. 5]

SPECIES OF PLANT VARIETIES PRESCRIBED FOR THE PURPOSES OF SECTION 21 OF THE ACT

PART I

SUNFLOWER

NameCommon Name
Helianthus annuusSunflower
PART II - RAPE/MUSTARD
Brassica napus L. spp. oleiferaOil seed rape
Brassica rapa L. (partim)Turnip rape
Brassica rapa L. varr rapa (L) ThellTurnip
Brassica juncea (L) czcern coss in czernBrown mustard
Brassica nigra (L) W KochBrown mustard
Sinapis alba L.White mustard
PART III - SESAME
Sesame indicum L.Sesame
PART IV - SAFFLOWER
Carthamus tinctorius L.Safflower
PART V – CASTOR
Ricinus communis L.Castor
PART VI – GROUNDNUT
Arachis hypogea L.Groundnut
PART VII – JOJOBA
Simmondsia chinensisJojoba
PART VIII – SOYABEAN
Glycine max (L) MerrilSoyabean
PART IX - LINSEED AND FLAX
Linum usitatissimumLinseed and flax
PART X - SISAL
Agave sisalinaSisal
PART XI - COTTON
Gossypium hirsutumCotton
PART XII - KENAF
Hibiscus cannabinusKenaf
PART XI - COCONUT
Cocos nucifera L.Coconut
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History of this document

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