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Ethiopia - Apply for a Plant Breeder Right Permit

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Contents

Introduction

A Plant Breeder right is plant variety rights (PVR), are rights granted to the breeder of a new variety of plant that give the breeder exclusive control over the propagating material (including seed, cuttings, divisions, tissue culture) and harvested material (cut flowers, fruit, foliage) of a new variety for a number of years. In order to qualify for these exclusive rights, a variety must be new, distinct, uniform and stable.

Ethiopia has issued a law (Plant breeder’s right Proclamation no. 481/2005) giving recognition and protection to plant breeder’s right. Even though, you are a foreigner you are entitle to a plant breeders’ right permit in respect of your new plant variety. (Article 10 of Plant breeder’s right Proclamation no. 481/2005) The right is subject to exemptions (Article) and restrictions (Article) provided in the proclamation.

A plant breeders’ right permit entitles the holder an exclusive right to:

  • A) Sell, including the right to license other persons to sell, plants or propagating material of the protected variety; and
  • B) produce, including the right to license other persons to produce, propagating material of the protected variety for sale (Article 5)

Eligibility

1.A breeder shall be entitled to a plant breeders' right permit in respect of his new plant variety, whether or not the breeder is an Ethiopian national or a foreigner, or is an Ethiopian resident or not, and whether the variety was bred locally or abroad.

2. Where two or more persons bred the variety jointly or that they are joint successors, they shall jointly be entitled to plant breeders' right; provided however, that only one or some of such persons may apply for a plant breeders' right provided that the remaining other persons have given their consent in writing to this effect.

3. Where the breeder is a public or a private institution, the plant breeders' right shall be granted in the name of the institution.

4. Where a variety has been bred by two or more persons independently of each other, the entitlement to plant breeders' right shall belong to the person who has first filed an application with the Ministry for plant breeders' right.

5. Where an application is filed by a person who is not entitled to plant breeders' right, the person who is entitled to the plant breeders' right permit may apply to the Ministry for the assignment of the application to him.

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Instructions

Subject to the conditions and limitations provided for in the Proclamation, a breeder should be granted a plant breeders' right permit in respect of his new plant variety.

During the period between the date the application for plant breeders’ right is filed and the granting of plant breeders’ right or the final rejection of the application, The applicant shall be deemed to have a plant breeders’ right permit in respect of the new variety

The instructions including the right to license other persons to sell, the seed or propagating material of the protected variety; and

To produce, including the right to license other persons to produce, propagating material of the protected variety for sale.

  • The research based on the genetic resources accessed should be carried out in Ethiopia and with the participation of Ethiopian nationals designated by the Institute, unless where it is impossible.
  • Where the research on the genetic resources accessed is permitted to be carried out abroad, the institution sponsoring and/or hosting the research should give a letter of assurance that they observe the access obligations.


The list of new plant genera and species should be published by the Ministry of Agriculture and Rural Development and revised from time to time. A breeder should be granted by the Ministry, on application, a plant breeders’ right in respect of his or her new plant variety.

Required Information

  1. Applicant must posses a written access permit granted by the Institute based on prior informed consent.
  2. Information on the law to conserve genetic resources.
  3. A letter from the competent authority of the foreign national or state or that of his domicile assuring that it shall uphold and enforce the access obligations of the applicant.

Procedure

A breeder who wants to be granted a plant breeders' right permit in respect of a new plant variety shall, present written application to the Ministry of Agriculture. The conditions and procedure in accordance with which applications may be lodged, examined and decided should be specified by regulations.

In order to be granted a plant breeders’ right permit in respect of new plant variety, you should present written application to the Ministry of Agriculture.

The Ministry can grant a plant breeders’ right permit if it is satisfied with the following Conditions:

1) The plant variety is new.

2) There is no ground, as provided for in the Proclamation, to refuse the granting of plant breeders’ right permit to the applicant;

3) The breeder has a proof that he has obtained the genetic resource used to develop the variety in accordance with the relevant laws on access to genetic resources;

4) A plant breeders’ right permit has not been granted to another person in respect of the variety;

5) There has been no earlier application, that has not been withdrawn or rejected, for a plant breeders’ right permit in respect of the new variety in question;

6) All fees payable in relation to the granting of plant breeders’ right permit have been paid

7) Where the Ministry grants a plant breeders' right, it shall give public notice to that effect.

  • Typically, plant variety rights are granted by national offices, after examination.
  • Seed is submitted to the plant variety office, who grow it for one or more seasons, to check that it is distinct, stable, and uniform.
  • If these tests are passed, then the exclusive rights are granted for a period of 20 years (or 25 years, for trees and vines). Annual renewal fees are required to maintain the rights.

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Required Documents

  • A written approval of the breeder.
  • A breeders' exemption (research exemption Document)that allows breeders to use protected varieties as sources of initial variation to create new varieties of plants.
  • The document on exportation of the variety.

Fees

The amount and schedule of payment of fees to be paid in relation to plant breeders' right will be determined by regulations to be issued.

Validity

The plant breeders' right is valid for a period of 20 years in the case of annual crops, and 25 year in the case of trees, vines and other perennial trees from the date the successful application for a plant breeders' right was accepted.

Documents to Use

Please attach documents that can be used by people. e.g. links

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

The processing time for the permit takes 3 months

Office Locations & Contacts

Ministry of Agriculture and Rural Development, Ethiopia - gov

General contact information

Address: PO Box 62347

City: Addis Ababa

Country: Ethiopia

Telephone: +251 115518040

Email: moav@telecom.net.et

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Video

Videos explaining the procedure or to fill the applications. 
Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites.
Please remove the "&" inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, 
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M". 
	

Information which might help

Exemptions to Plant Breeders' Right

1/ Notwithstanding the existence of a plant breeder's right, any person or farmers' community may:

a) propagate, grow and use a protected variety for purposes other than commerce;

b) sell plants or the propagating material of the protected variety for use as food or for

any other use that does not involve growing the plant or the propagating material of the protected variety;

c) sell plants or propagating material of a protected variety as they are within a farm or any other place where plants of the variety are gown;

d) use plants or propagating material of a protected variety as an initial source of variation for purpose of developing another new plant variety except where the person makes repeated use of plants or propagating material of the variety for the commercial production of another variety;

e) sprout a protected variety for use as food for home consumption or for the market;

f) use a protected variety in further breeding, research or teaching;

g) obtain, with the conditions of utilization, protected variety from gene banks or plant genetic resources centers.

2/ Notwithstanding the provisions of Sub-Article (1) of this Article, farmers cannot sell farm-saved seed or propagating material of a protected variety in the seed industry on commercial scale.

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

http://chilot.me/2013/01/06/the-law-applicable-to-foreigners-in-ethiopia-summary-of-the-legal-provisions-part-i/

http://www.wipo.int/wipolex/en/text.jsp?file_id=234325

http://faolex.fao.org/cgi-bin/faolex.exe?database=faolex&search_type=query&table=result&query=ID:LEX-FAOC080476&format_name=ERALL&lang=eng

http://chilot.me/tag/plant-breeders/

Others

The Ministry may grant a compulsory license only if:

1) the holder is not producing and selling the propagating material of the protected variety in sufficient amount to meet the needs of the general public and has refused to license other persons to produce and sell the propagating material of the protected variety or is not willing to give such license under reasonable terms; or

2) there exist no condition under which the holder can be expected to give a permit to use his protected variety.

3) Where the Ministry grants compulsory license, it shall determine the remuneration the person to whom the compulsory license is granted shall pay to the holder, the duration of the compulsory license and other conditions as necessary. The duration of a compulsory license shall not be shorter than three years and longer than five years; provided, however, that the Ministry may extend the duration if an application for extension is made and the conditions warranting compulsory licensing continue to exist.

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