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PLANT VARIETY PROTECTION. |
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LIMITS AND EXCEPTIONS TO RIGHTS OF A GRANT HOLDER
Other persons are free to:
- Grow or use a protected variety for nobn- commercial purposes;
- Use the plants or parts of the protected variety for human consumption or other non-propagating purposes; and
- Use a protected variety for plant breeding.
Note:
In plant variety protection the word "variety" is not used in the sense
of a "botanical variety" but is synonymous with "cultivar" or
"cultivated variety".
Repeated
use of a protected variety for commercial production of F1 hybrid seed
without the authority of the holder of the rights is not permitted.
WHY WE HAVE PLANT BREEDERS RIGHTS
The development of a new variety is usually a long and costly
undertaking. By allowing breeders to control commercialization of the
variety, the Plant Breeders' Rights gives them a chance to recoup costs
and profit from the breeding investment. Without the legal protection
of rights, breeders can loose control of the commercialization of new
varieties to persons who did not contribute towards the breeding costs.
By
providing an incentive to breeders, Plant Breeders' Rights encourage
investment and effort into plant breeding in Kenya. The rights scheme
also allows Kenyans access to internationally bred varieties which
would not be availed to them without legal protection of these
varieties. The result is that farmers gain access to an increased
number and range of improved varieties. Plant Breeders' Rights
therefore benefit not only the breeders, but also the public in
general.
THE KINDS OF PLANTS IN THE PLANT BREEDERS RIGHTS SCHEME
Plant Breeders' Rights are presently available for varieties of any kind of plant other than algae and bacteria.
Note: In plant variety protection the word "variety" is not used in the
sense of a "botanical variety" but is synonymous with "cultivar" or
"cultivated variety".
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