CLAIM OF PRIORITY

It is possible for a breeder who has already made application for rights in another UPQV country to claim ""priority" in respect of an earlier application. Such a claim must be made when applying in Kenya by completing the relevant section of the application form. If there has been more than one application overseas, priority may only be claimed for the first application. The first overseas application should have been made within 1 year before the date of application in Kenya. The advantage of claiming priority is that the date of application overseas becomes regarded in effect as the date of application in Kenya. This may give an applicant precedence over competitors that he or she would not otherwise have enjoyed.


PROTECTIVE DIRECTION

Protective direction gives an applicant interim ~ protection of the candidate variety while the application is under consideration. It automatically applies once an application has been made and ceases to have effect when the registrar issues or refuses a grant. While protective direction is in effect, an applicant who has released a variety into commerce is entitled to take legal proceedings against anyone whose actions would constitute an infringement, if rights had been granted.



TERM OF GRANT FOR PLANT BREEDERS RIGHTS

Plant Breeders' Rights are granted for a term of up to 25 years beginning from the date on which the grant of the PBR takes effect. As regards fruit trees and their rootstocks, forest and ornamental trees and grape vines, the period prescribed for protection is 18 years or more. For all other plant materials, the period is 15 years or more.


HOW TO APPLY FOR PBRs

To apply for PBRs, send to the PBR Office:

• An application form, fully and legibly completed in English;
• A completed technical questionnaire applicable to the particular genus (application and questionnaire forms may an be obtained from the PBR Office);
• Colour photographs representing the variety, in the case of fruit, ornamental and tree varieties.
• A sample of seed as specified by the the PBRO, in the case of an arable crop, pasture, amenity grass and vegetable varieties; and
• Payment of the appropriate fee