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

Legal Notice 77 of 2001

This is the latest version of this Legal Notice.
Citation
Legal Notice 77 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) (OTHER CEREALS SCHEME) REGULATIONS

LEGAL NOTICE 77 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) (Other Cereals 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 for which breeder’s rights may be granted

There is hereby made a scheme to be called the Other Cereals Scheme, which shall apply to cereals other than maize which conform with the characteristics of cultivated 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 years specified in the second column of the First Schedule.

5. Class of plant varieties

For the purposes of section 21 of the Act, the classes of plant varieties prescribed shall consist of—
(a)all the species specified in Part I of the Second Schedule;
(b)in relation to plant varieties of rice, all the species specified in Part II of the Second Schedule;
(c)of all the species in Part III of the Second Schedule.

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 from the date of grant of rights in that variety for the period of years specified in the third column of the First Schedule hereto.

7. Offences

A person who infringes the plant breeder’s rights in the registered name of a variety of cereal covered by the Other Cereals 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

OTHER CEREALS SCHEME

Species Period of years for which rights are exercisablePeriod of years prescribed for the purpose of Section 23(4)
NameCommon name  
Avena sativaOats152
Eleusine corocana (L.) gaertn.Finger Millet151
Hordeum vulgareBarley152
Oryza sativaRice151
Pennisetum (L) R. Br.Pearl Millet151
Panicum milliacemProsso Millet151
Setaria italicaFoxtail Millet151
Secale cereale L.Rye152
Sorghum bicolor (L.) MoenchSorghum151
Triticosecale Wittm.Triticale152
Triticum sp.Wheat151

SECOND SCHEDULE [r. 5]

CLASSES OF PLANT VARIETIES

PART I
SpeciesCommon names
Triticum sp.Hordeum vulgareAvena salivaSecale cereale L.Triticosecale Wittm.WheatBarleyOatsRyeTriticale
PART II
Oryza saliva L.Rice
PART III
Sorghum bicolor (L.) MoenchSorghum
Eleusine coracana (L.) gaertnFinger Millet
Pennisetum glaucum (L.)Pearl Millet
Panicum milliacem (L.)Prosho Millet
Setaria italica (L.)Foxtail Millet
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History of this document

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