Plant breeders' rights, also known as plant variety protection, are a form of sui generis IP rights designed specifically to protect new varieties of plants. Plant breeders' rights offer legal protection to breeders for the investment they make in breeding and developing new varieties.
Tanzania is a United Republic made up of the former Tanganyika (mainland) and Zanzibar (offshore). However, there is no unified plant breeders' rights law. Tanzania – mainland has a law (The Protection of New Plant Varieties [Plant Breeder's Rights] Act 2002) that came into force on February 2 2004. Zanzibar has no plant breeders' rights law.
Patrick SN Ngwediagi, the registrar of plant breeders' rights, Tanzania Ministry of Agriculture, Food Security and Cooperatives, has advised us that the Tanzanian government is reviewing a new law that will be compliant with the UPOV Convention on plant breeders' rights. This proposed bill was published in the Official Gazette on March 23 2012 and was read for the first time by Parliament on April 23 2012. However, until it is approved by Parliament in the next sitting and assented to by the president, the 2002 Act prevails. Zanzibar is contemplating introducing a similar Plant Breeders' Rights Law to that of the Mainland, which is expected to come into force in the near future.
The 2002 Act provides for the granting of rights for various prescribed kinds of plants. Almost all plant species are prescribed in the list available in the Plant Breeders Rights Regulations. Plant breeders' rights continue to be a powerful tool for large multinationals, smaller nurseries and individual plant breeders, enabling them to secure a piece of the market for their novel varieties for several years.
Tanzania is not a member of the UPOV Convention but the Tanzanian Government, through a resolution made by the Parliament of the United Republic of Tanzania in 2010, decided to accede to the 1991 Act of the UPOV Convention.
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Craig Kahn |
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