PLANT BREEDERS’ RIGHTS ACT 12 OF 2018 ( replace the 1976 one) .docx

Summary

The Plant Breeders’ Rights Act 12 of 2018 is a comprehensive South African statute designed to regulate the legal protection of new plant varieties. It establishes a formal system for granting intellectual property rights to breeders, provided their varieties are new, distinct, uniform, and stable. The legislation outlines the exclusive authority of right holders to produce, sell, and export protected material while defining specific legal exceptions for private use, research, and certain farming activities. It further details the administrative roles of the Registrar, the process for handling objections, and the mechanism for appeals through a dedicated board. By repealing older laws, this Act modernizes the framework for plant innovation and ensures rigorous enforcement against unauthorized variety exploitation.