South Africa - Apply for Plant Breeders Rights

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Procedure

Apply In-Person:

1. To apply for Plant Breeders’ rights in person, the applicant has to visit the office of Registrar of Plant Breeders’ rights.
2. The address and contact details of the office can be found in the following link: Link
3. Visit the office of the Registrar and obtain an application form for Plant Breeders’ Rights as applicable, from the relevant department.
4. Make sure that you have all the documents listed in the “Required documents” section of this page.
5. Complete the form as required with relevant details under respective sections. After completing the application form, attach the required documents with the completed form.
6. Then, proceed to submit the package to the relevant authority at the office in person for further processes. Make the necessary payment as directed.
7. After submission, the completed form and corresponding documents will be put into further verification and validation processes.
8. Once all the processes got completed, the authorities will perform necessary actions for the issuance process of the Registration Certificate.

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Required Documents

• Completed application form (for plant kinds in table 1 of Plant Breeders' Rights Act)
• Request for declaration (for plant kinds not in table 1 of Plant Breeders’ Rights Act)
• Motivation in writing (for plant kinds not in table 1 of Plant Breeders’ Rights Act)
• Authorisation in writing from the owner
• Copy of Identity proof
• Residential address proof
• Proposed Denomination
• Completed technical questionnaire
• Document for nationality
• Documentation about preceding applications
• Document for previous marketing details of propagating material
• Power of attorney (in case of representative)
• Proof/fee receipt of payment

Office Locations & Contacts

Department of Agriculture : Plant Breeders Right Head Office
Physical Address:Delpen Building
c/o Union and Annie Botha Street
Riviera Suburb
PRETORIA
0084
South Africa
Postal Address:Department of Agriculture
Private bag x973
PRETORIA
0001
South Africa
Tel:Tel: 012 319 6214
Fax: 012 319 6298
Website: Website link

Eligibility

• If you breed a plant variety and would like to obtain financial reward for your efforts, you can apply to register that variety with the Registrar for Plant Breeders' Rights.
• Any individual breeder, foreign breeders or breeding institution may apply for a plant breeder’s right.
• The kind of plant that requires registration should be in the list of Table 1 of the Plant Breeders’ Rights Act.

Fees

It costs R2721.00.

Validity

Plant breeders' rights are valid for 25 years for vines and trees, and for 20 years for all annual varieties, calculated from the date on which a certificate of registration is issued.

Documents to Use

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Sample Documents

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Processing Time

The various crop types have different test conditions and the duration of a test can vary from a few days to a few weeks.

Related Videos

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.gIn the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

• Before proceeding to apply, consult Table 1 of the Plant Breeders' Rights Act, to establish whether the kind of plant is declared.

• The application should be attached with particulars of preceding applications in other countries for Plant Breeders' Rights or for inclusion in official variety lists in respect of the same plant, including dates of filing, application numbers, stages of prosecution, and dates of allowance and quantities used.

• If the propagating material and/or harvested material of the variety has already been offered for sale or has been marketed, details of the countries, dates and quantities under which this took place, should also be included.

• The Application for Plant Breeders' Rights and relevant technical questionnaires may be obtained from the office of the Registrar.

• The dates and quantities of propagating material that you must submit are available on request from the Registrar.

Required Information

• Name, address and nationality of the applicant
• Name of the variety
• Country of breed
• Details of preceding applications
• Previous sale/marketing details of the propagating material
• Banking details

Need for the Document

• A plant breeders’ right is a form of intellectual property right granted to breeders of new plant varieties for protection of their varieties against exploitation without their permission.

• If you breed a plant variety and would like to obtain financial reward for your efforts, you must register that variety with the Registrar for Plant Breeders' Rights. Once you have registered a plant variety, it becomes your intellectual property.

Information which might help

Refer for more information: Link

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

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Others

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