Managing IP is part of the Delinian Group, Delinian Limited, 8 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Africa: Plant breeders’ rights in Tanzania

tanzania-plant-breeders-min-final.jpg

Tanzania is a United Republic comprising of Mainland Tanganyika and the island of Zanzibar. Although Tanganyika and Zanzibar are considered a United Republic, no unified Industrial Property Law has been enacted. Tanzania and Zanzibar thus had different laws for plant breeders' rights (PBRs), also known as plant variety protection. PBRs are a sui generis system of IP rights designed specifically to protect new varieties of plants.

PBR protection has been available on mainland Tanganyika since 2004, in terms of the Tanzanian (mainland) Plant Breeders' Rights Law (2002) (repealed Tanzania Act). This Law was replaced by the United Republic of Tanzania Plant Breeders' Rights Act (2012) (new Tanzania Act), which came into force on June 1 2013. PBR protection has more recently become available in Zanzibar on January 2 2015, by the enactment of the Zanzibar Plant Breeders' Rights Act (2014) (The Zanzibar Act). Prior to this date PBR protection was not available in Zanzibar.

It is interesting to note that the two acts mimic one another with the vast majority of the Zanzibar Act reading the same as that of the new Tanzania Act. Certain amendments made to the new Tanzania Act and the careful drafting of the Zanzibar Act allow the PBRs granted in either Tanzania or Zanzibar to be enforced in both territories. This paved the way for The United Republic of Tanzania accession to the 1991 Act of the International Union for the Protection of New Varieties of Plants (UPOV 1991) on October 22 2015, which was entered into force on November 22 2015.

The United Republic of Tanzania is among the 22 African countries that are members of UPOV, with Kenya recently acceding to UPOV 1991. Even more recently, Egypt has received approval from its cabinet to join UPOV.

mahomed.jpg

Waheed Mahomed


Spoor & Fisher Pretoria

Building No. 13 

Highgrove Office Park 

Oak Avenue 

Centurion 

Pretoria, 0157 

Republic of South Africa 

Tel: +27 12 676 1111

Fax: +27 12 676 1100 

info@spoor.co.uk

www.spoor.com

more from across site and ros bottom lb

More from across our site

We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
Sukanya Sarkar shares her thoughts on this year’s annual meeting in Singapore, where debates ranged from AI opportunities to improving law firm culture
The court’s ruling is a good reminder that US parties aren’t guaranteed attorney fees just because they win, say sources
With business confidence in a shaky state, Rachel Tong and Lisa Yong of Rouse discuss how in-house IP teams can manage their trademark portfolios through uncertain times
The Court of Appeal had stern words for Med-El’s representatives after they highlighted a deputy judge’s background as a solicitor
Funders and NPEs say asserting patent portfolios can minimise risk at the USPTO’s PTAB, where procedure remains a controversial topic
The US Supreme Court’s ruling wasn’t a surprise and reflects a trend that had already been bubbling away for a while, say tech and pharma counsel
Previous attempts at major transatlantic tie-ups have failed, so lawyers will keep their eyes firmly on Allen & Overy’s grand plans
INTA CEO Etienne Sanz de Acedo shares his plans if he were to win the EUIPO leadership race and says his application does not affect his INTA role
The French finance minister told António Campinos the timing of an EPO event in Lisbon could be seen as interference in the EUIPO leadership race