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

Legal Notice 78 of 2001

This is the latest version of this Legal Notice.
Citation
Legal Notice 78 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) (PULSES SCHEME) REGULATIONS

LEGAL NOTICE 78 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) (Pulses 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 varieties” 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 Pulses Scheme, which shall apply to all plant varieties of pulses 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 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 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)in relation to plant varieties of beans, the species specified in Part I of the Second Schedule;
(b)in relation to plant varieties of peas, the species specified in Part II 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 of a species specified in regulation 3 shall not have effect for a period of two years from the date of grant of rights in that plant variety.

7. Offences.

A person who infringes the plant breeder’s rights in the registered name of a variety of pulses covered by the Pulses 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 TO BE INCLUDED IN THE PULSES SCHEME

Genus or SpeciesPeriod of yearsfor which rights areexercisablePeriod of yearsprescribed forsection 23 (4)of the Act
NameCommon name
//Phaseolus vulgarisPhaseolus vulgarisVicia faba L.Cyamopsis tetragonolobaDolichos lablabPisumt sativum L.Cajanus cajunVigna unguiculataCicer arietinum L.Vigna radiata L.//Dry beanFrench beansBroad beansBeans/snapbeansCluster beansPeasPigeon peasCow peasChick peasMung beans151515151515151515152222222222

SECOND SCHEDULE

PLANT VARIETIES PRESCRIBED FOR PURPOSES OF SECTION 21 OF THE ACT

SpeciesCommon Name
PART I - BEANS
Phaseolus vulgarisDry beans
Phaseolus vulgarisFrench beans
Vicia faba L.Broad beans
Cyamopsis tetragonolobaCluster beans
Dolichos lablabDolichos beans
Vigna radiata L.Mung beans
PART II - PEAS
Pisum sativum L.Peas
Cajanus cajunPigeon peas
Vigna unguiculataCow peas
Cicer arietinum L.Chick peas
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History of this document

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