A major update to South Africa’s plant breeders’ rights system officially took effect on June 1 2025, with the publication of supporting regulations on June 13 2025. The new Plant Breeders’ Rights Act, No. 12 of 2018, replaces the previous law from 1976, bringing South Africa’s system in line with global standards.
The new act gives stronger protection to plant breeders, while also considering the needs of smallholder, vulnerable, and subsistence farmers. It forms part of South Africa’s efforts to support agricultural innovation and comply with the 1991 Act of the UPOV Convention, an international agreement that promotes the protection of new plant varieties and is administered by the International Union for the Protection of New Varieties of Plants (UPOV).
The key changes under the new act are as follows:
Longer protection periods – registered plant varieties now benefit from extended terms of protection: up to 30 years for crops such as fruit trees, vines, sugarcane, and potatoes, and 25 years for all other crops.
Stricter rules for using protected seeds – the well-known ‘farmer’s privilege’, allowing farmers to save seed for future use, now applies only to small-scale, vulnerable, and subsistence farmers. Commercial farmers must obtain permission and pay royalties if they want to save and replant seeds from protected varieties.
Criminal penalties for infringement – using protected plant varieties without authorisation is now a criminal offence, with penalties including fines or imprisonment for up to 10 years.
Exclusive breeders’ rights extended – breeders have exclusive rights to their varieties for longer periods: eight years for certain crops, such as fruit trees and sugarcane, and five years for others.
Provisional protection on filing – breeders now receive automatic provisional protection as soon as they file an application, providing earlier safeguards.
Updated timeframes for plant material submissions – plant material for testing must be submitted within two years for most crops and within five years for potatoes, trees, and vines. Extensions can be granted under certain circumstances.
Clearer rules and definitions – the new act provides more certainty, defining terms such as “sale” and clarifying that processed products made from harvested material are protected. It also states that preparing plant material for sale (known as “conditioning”) may infringe breeders’ rights.
Limits on saved seed for small-scale farmers – the regulations outline how much seed smallholder and vulnerable farmers can save and share, which is significantly lower than early proposals. For example, the permitted amount of saved seed for groundnuts drops from 2,000 kg to 50 kg, maize from 3,000 kg to 12 kg, and fruit crops from 100 kg to just 5 kg per kind.
The importance of South Africa’s new Plant Breeders’ Rights Act
The updated law strikes a balance between encouraging innovation and protecting food security for vulnerable communities. It strengthens legal certainty for breeders, supports South Africa’s agricultural sector, and promotes international trade by aligning with the standards of the 1991 Act of the UPOV Convention.
This is a significant milestone for South Africa’s plant breeders, farmers, and the broader agricultural economy.
