Plant Variety Protection Act, 2014

Lists what the Act applies to and what it does not affect, including plant varieties, derivatives, plant breeders, export of seeds, traditional methods of access and exchange by local communities, sharing of benefits based on customary practices (with an exception), and access for educational purposes.

The Act sets out purposes including recognizing and protecting breeders' rights, promoting fair benefit-sharing and institutional mechanisms, improving cropping systems and seed supply, and strengthening national food security.

This section provides definitions of terms used in the Act and begins with: "In this Act, unless the context otherwise requires—".

The Registrar heads the Office, must maintain a register of plant varieties entitled to protection under the Act, is responsible for day-to-day administration of the Office, and is answerable to the Commissioner for crop protection in implementing the Act.

The Office must perform specified functions including receiving and examining applications for plant breeders’ rights; assigning testing; publishing applications and objections and holding hearings; registering rights and issuing certificates; maintaining the register; protecting breeders’ rights; and coordinating with stakeholders.

The Minster must designate a Registrar of plant varieties and appoint examiners, officers and other staff as may be necessary to carry out the Act.

The Minister must establish a Plant Variety Protection Committee, consult a nationally recognized professional association where one exists, consider professional and public interests otherwise, appoint a chair elected by the Committee, set three-year terms for chair and members, allow written resignation addressed to the Minister, permit the Minister to remove members for reasonable cause, and determine members' allowances after consulting the finance minister.

The Committee must advise the Minister on plant-variety policy, approve plant varieties for registration, recommend and review the Office's policy, and perform other duties assigned by the Act.

The Second Schedule to this Act shall have effect in respect of meetings of the Committee.

Committee members, officers and other staff of the office are not personally liable to civil proceedings for acts or omissions done in good faith while exercising their functions under this Act.

An officer or other staff may be required to pay compensation to a person for injuries or property damage caused (wholly or partially) by exercising the office's functions under this Act or any other law.

A Plant Variety Protection Office is established in the Ministry of Agriculture, Animal Industry and Fisheries.

Plant breeders have the exclusive right to sell (including licensing others to sell and export) and the exclusive right to produce (including licensing others to produce reproductive material for sale) reproductive material and plant varieties of a new variety.

Defines when one plant variety is dependent on another and gives the holder of plant breeders’ rights the same rights in relation to dependent varieties as under section 13.

A person may, despite breeders’ rights, perform several non‑commercial acts (propagate, grow, use, sell for non‑growing uses, exchange as a farmer, sprout and eat, use for non‑commercial breeding/research/education, and use germplasm from gene banks for research).

A breeder of a new plant variety may apply to the Office under section 9 for plant breeders’ rights; breeders or successors have the right to apply whether or not they are citizens or residents; joint applicants may apply together; jointly-breeding persons must not apply except jointly or with written consent.

The Minister (and the relevant Government authority) may impose conditions restricting plant breeders' rights in specified public-interest circumstances; holders have appeal rights and certain procedural requirements must be met when restrictions are imposed.

The breeder’s right does not extend to specified acts concerning material sold or marketed by the breeder (or with their consent) in Uganda or material derived from it; the provision defines "material" and allows the breeder to notify the Minister when duration is not included.

Plant breeders’ rights in respect of a plant variety subsist for twenty years for annual crops and for twenty-five years for trees, vines and other perennials, commencing on the day of filing of the application.

Courts and parties have remedies and procedures for infringement and revocation of plant breeders’ rights, including counterclaims, damages, injunctions, revocation by the court, and an order to notify the Office when rights are revoked.

Persons must not use the registered name of a protected variety to sell or market a different variety in the same class; such use is a wrong actionable by the rights holder when the name is registered or when the name is likely to cause confusion.

The registrar must accept plant breeders’ rights applications when satisfied form, fees and national testing requirements are met; the registrar must present applications to the Plant Variety Protection Committee within six months; the Committee must decide within six months; the registrar must inform the applicant of the committee's decision, stating grounds if rejected.

A variety is treated as 'new' if, when filing for a breeders’ right, propagating or harvested material has not been sold or disposed of for commercial exploitation earlier than: one year in Uganda, four years in other countries (six years for trees or vines).

A variety is 'distinct' if it is clearly distinguishable from any other variety that is a matter of common knowledge at the time of filing; an earlier application or entry in any country's register makes that other variety common knowledge if it leads to a grant or entry.

A variety is defined as uniform when it has characteristics consistent from plant to plant.

A variety is 'stable' when its relevant characteristics remain unchanged after repeated propagation or at the end of each propagation cycle.

A grant of a breeders’ right must not be refused or limited in duration because protection for the same variety was not applied for, was refused, or has expired in another country or intergovernmental organization.

A plant variety originating outside Uganda is not to be treated as having a claimed characteristic unless specified trials, tests, or pedigree information demonstrate that characteristic.

The variety testing and evaluation institution must perform test growing when the Committee considers it necessary; the applicant must supply seeds or sufficient reproductive material and necessary information to enable the test growing.

An applicant may withdraw an application before its publication; if withdrawn after Gazette publication but before grant, the Office must publish the withdrawal at the applicant's cost.

If an application for plant breeders’ rights has been accepted, the applicant is to be treated as the grantee of those breeders’ rights for the period from filing until the earlier of disposal of the application or notice by the Registrar at the end of the prescribed period.

Any person may, within six months after publication (or any further time before disposal), lodge a written objection to grant of plant breeders’ rights with the Office; the Office must give the applicant a copy of the objection. Any person may inspect applications or objections during office hours and, upon payment of prescribed fees, is entitled to a copy.

The Committee shall grant plant breeders’ rights for a plant variety if satisfied of specified conditions; there are procedural timing and opportunity-to-submit requirements; certificates are issued on grant; the Committee must notify applicants within thirty days after a Registrar refusal; third parties may use material with agreement.

When the Office grants plant breeders’ rights, the Registrar must enter specified particulars about the variety and the breeder into the register.

When plant breeders’ rights are granted, the Registrar must, within thirty days after granting, publish those rights in the Gazette and a newspaper of wide circulation.

A person aggrieved by a decision about a plant breeders’ rights application may appeal to the Minister within sixty days; if dissatisfied with the Minister, the appellant may bring proceedings to court.

An assignment of plant breeders rights only has effect if it is in writing, signed by or on behalf of the assignor, and notice is given to the Registrar.

Persons who acquire plant breeders’ rights must inform the Registrar in writing within thirty days; the Registrar must, if satisfied, amend the register and enter the new grantee and give notice; the Office must notify claimants if not satisfied; the Minister has power to refuse a transfer in the public interest.

Breeders must comply with notices from the Registrar; when plant breeders’ rights are granted the Office may require breeders to deliver specified quantities of propagating material and specimens within fourteen days (or additional time allowed by the Registrar); the Registrar must store delivered propagating material and the Registrar may use stored material for the purposes of the Act.

Holders of breeders’ rights must be able to produce authorized reproductive material capable of producing the protected variety and must stock the market with propagating material at reasonable prices; they may personally supply or grant licences to others on reasonable terms.

The Committee must revoke breeders’ rights for a plant variety in specified circumstances and must follow notice and hearing procedures; affected persons may apply for revocation and may seek court review.

A breeder may offer to surrender rights by giving notice to the Office; the Office must publish the offer and allow written submissions to the Registrar, may (if the Registrar thinks fit) accept the offer and revoke rights, and must not accept surrender while court proceedings are pending except by leave of court or consent of the parties.

Two royalty rates are specified for seed sales: 1.1% when the variety is available with restrictions for further research and breeding; 0.5% when available without such restrictions; the royalty is to be paid to the Community Gene fund.

Upon completion, the Office must place the application in a public registry for thirty years or publish it in the Gazette and a widely circulated newspaper; any person may consult and comment within the period in subsection (1); the Office must disseminate information to the local community and interested parties.

The Minister may from time to time declare or gazette genetic resource centers as suitable centres for storage and maintenance of germplasm material for purposes of this Act.

Activities done in contravention of the Act or its regulations are illegal, and claims on plant varieties obtained or used outside the Act will not be recognized.

Conflicts about matters related to this Act shall be settled administratively through the Office and, ultimately, by the courts of law.

The Minister may make regulations to give full effect to the Act; the regulations may prescribe procedures, forms, fees, definitions of commercial use, and penalties including a fine up to one hundred currency points or imprisonment up to six months and other consequences on conviction.