Law No. 24 of 2000 on the Protection of New Varieties of Plants
The Act of Protecting New Varieties of Plants
Act No. 24 for the Year 20001
The act is called (The Act of protecting New varieties of plants of the year 2000) and it will come into effect after thirty days from the date of its publication in the Official Gazette.
The words and terms hereinbelow wherever mentioned in this act shall have the meanings ascribed thereto hereinafter unless the presumption refers to otherwise:
– The Ministry: The Ministry of Agriculture
– The Minister: The Minister of Agriculture
– The Plant taxonomy: Plants gradation in the plant kingdom is from the group to the class to the family to the sort to the varieties.
– The variety: Any plant grouping that comes in the lowest class in the same plant taxonomy either it was fulfilling the conditions of granting the protection right or not, and this variety is characterized by features resulting from certain hereditary composite or from a group of composites that may be distinguished from any other plant grouping by at least one of these features and such variety shall be deemed as one unity because of its capability of proliferation without any change in its features.
– The protected variety: The variety that was registered according to the provisions of this act.
– The eduction: Breeding a new plant variety or discovering and developing such.
– The contriver: The person who has breeded, discovered or developed a new plant variety, or the legal successor to such person.
– The Registrar: The Registrar of the new plant varieties nominated by the Minister.
– The register: The register of the new plant varieties.
The provisions of this act shall become effective on the varieties enlisted under the plant sorting determined by the regulation issued in accordance with the provisions of the act herein.
A. A register shall be regulated in the Ministry under the supervision of the Registrar and shall be called (The register of the new plant varieties) in which all the data related to the new plant varieties; the name thereof; the names of their contrivers and their addresses, the registration certifications and the procedures and dispositions resulted thereon shall be registered including:
1. Any transfer; assignment or transfer of title or licensing from its owner to third parties for utilization while taking into consideration the confidentiality included in the license contract.
2. The mortgage or the impoundment on the protected variety or any limitation for usage of such.
B. The public shall have the right to view the register and the documents related to the rights granted to the contriver and to view the growth tests or any other necessary tests as stipulated in the act herein according to the instructions issued by the Minister and published in the Official Gazette.
C. It shall be permissible to use the computer for registering the varieties and the data related thereof and
The data and the documents that shall be transcribed therefrom and approved by the Registrar in accordance with the original of such data and documents shall be a plea on all unless its contrary is affirmed by the relevant party.
The variety may be registered according to the following criteria:
If the variety is novel such that at the date of filing the registration application or at the date of the priority provided in Article 9, paragraph (A) of the act herein and according to what may be required, plant propagating and reproducing materials of the variety or the variety crop’s products are not sold or transferred to others by another way by the contriver or by his approval for the purposes of utilizing the variety as follows:
– For more than one year inside the Kingdom and for more than four years outside the Kingdom.
– For more than six years outside the kingdom if related to trees or grapes.
B. If such materials are distinctive so as it differs clearly from any other dominantly known variety at the date of filing the application, and specially, considering that any filing of a registration application of another variety or registering it in an official register for the plant varieties in any country shall make such other variety dominantly known starting from the date of filing the application, provided that the application shall lead to registering the variety and granting the right therein to the contriver.
C. If it is homogeneous such that its main features are sufficiently homogeneous, taking into consideration any expected difference due to the special characteristics that may characterize its propagation process.
D. If it is constant such that its main features shall not change as a result to its successive propagation, or at the end of each propagation cycle.
The right in registering the variety shall be as follows:
A. To the contriver or to whom the variety rights shall be transferred to.
B. To all persons participating in its eduction if it is an outcome of their joint effort provided that it is registered in equal shares among them unless they otherwise agree.
C. To the contriver prior in filing the variety’s registration application if such is educed by more than one person and if each person is independent from the other.
D. To the employer if the variety is educed by the employee due to carrying out an employment agreement pursuant to which the employee is complied to implement such eduction unless the agreement may provide otherwise.
The variety shall be registered as follows:
A. The registration application shall be filed at the Registrar on the form designed therefor, within which the plant taxonomy of the variety, the proposed name, and any other matters or data defined by the issued regulation pursuant to the provisions of the act herein.
B. Registration shall not be permissible if such application may comprise more than one kind, and its determined fee is paid.
C. If the application depositor is not a citizen or a resident of the Kingdom, the contriver shall have to appoint an authorized agent for him in the kingdom.
A. The date at which the Registrar shall receive the variety registration application shall be deemed as a date for its filing provided that it fulfills all the legal requirements and encloses the data that identifies the applicant and a sample of the variety that is intended to be registered.
B. If the Registrar discovers that the application does not fulfill the requirements determined in paragraph (A) of the Article herein, then the Registrar shall request from the applicant to complete it or to make the necessary modifications within thirty days from the date of notifying him therewith and the date of accomplishing such shall be deemed as the date of filing the application, otherwise the registrar shall have the right to consider the registration applicant as abandoning his application by a decision issued therefrom and his decision may be susceptible for appeal at the Supreme Court of Justice within sixty days from the date of notifying the applicant.
A.1. The variety registration applicant shall enclose his application with a claim for the right of the priority of an application he has filed at a prior date at any country in agreement with the Kingdom for protecting the intellectual property provided that filing the registration application in the Kingdom within a period not to exceed twelve months calculated from the date following the first application filing date.
2. If the registration application includes a priority claim pursuant to item (1) of this paragraph, the Registrar may ask the applicant, within three months from the filing date to provide an exact copy of the documents related to his first application approved from the office at which it was filed, also he may ask him within such period to provide any samples or evidences which affirm that the variety subject of the first application is the same variety of the application related to the priority right. In such case, the filing date of the application shall be deemed as the same date on which the application was filed in the other country.
B. If the registration applicant is unable to demonstrate the priority right pursuant to paragraph (A) of such Article, his applicant shall be registered on its filing date at the Registrar.
C. The applicant may ask to be given a respite for two years after the expiry of the priority period to provide the Registrar with the necessary information; documents and required materials pursuant to the act for the purposes of examining pursuant to Article 10 of the act herein provided that if the filed application in the other country is not accepted or was withdrawn, then the applicant shall be given a time limit of six months from the date of rejecting or withdrawing the application to provide the needed information and documents for making the examinations.
A. The variety may be subjected to a technical examination to verify the matters hereinafter:
1. It is listed under the plant taxonomy determined in its application.
2. It fulfills the conditions of distinction; homogeneity and constancy provided in paragraphs (B), (C) and (D) from Article 5 of the act herein.
B. The examination provided in item (2) from paragraph (A) of such Article shall be carried out under the supervision of the ministry by one of such two methods hereinbelow:
1. Pursuant to the growth and germination examinations and any other advantageous examinations or tests carried out by a technical authority inside or outside the Kingdom if such examinations and tests have been done in an environmental conditions convenient for the Kingdom’s environmental conditions.
2. Or the ministry shall carry out the examinations and tests cited in item (1) of such paragraph by itself or by any authority it shall charge therewith and at the contriver’s expense.
C. A technical committee from those experienced and skilled in the art shall be established in accordance with instructions issued by the minister and shall be mainly asked to evaluate the results of the examinations and tests provided in paragraph (B) of such Article to accomplish the procedures of registering the variety provided that such instructions shall include defining the other tasks of this committee; how it shall work and take decisions and all the matters related thereto.
A. The Registrar shall ask the applicant to provide all the needed information and documents for carrying out the technical examination provided in Article 10 of the act herein, within the period defined in a regulation issued in accordance with the act herein, and if the applicant doesn’t provided such, the Registrar shall consider the applicant as assigning his application by a decision he shall make therefor and his decision may be susceptible for appeal at the Supreme Court of Justice within sixty days from the date of notifying him.
B. The test provided in Article 10 of the act herein shall be done for approving the application, also the test examination may be accomplished after the registration for ensuring the maintenance of the variety’s constancy and homogeneity.
A. If the registration application fulfills all the conditions and requirements defined in the act herein, the Registrar shall declare the acceptance of the application and shall grant the applicant an initial approval that shall be announced in the Official Gazette after collecting the fixed fees and the announcement shall include the variety’s name and its plant class.
B. Any person shall have the right to object at the Registrar to the registration of any new variety within ninety days from the date of announcing the initial approval in the Official Gazette.
C. The periods within which the publication shall be done; the data that shall be published; the procedures of objecting to the initial approval for accepting the registration; the cases of expanding the objection period; the notifications and otherwise in accordance with a regulation issued therefor shall be determined.
The applicant shall be given a temporary protection during the period between the date of publishing the application in the Official Gazette and the date of registering the variety, and he shall have the right during such period to utilize his variety and to make, then the procedures for verifying any violation thereon.
Unless an objection may be provided against the registration of the variety or the objection against the registration may be objected, then the Registrar shall register it and shall give the contriver a certificate therewith after collecting the fixed fees.
Taking into consideration the provisions of Articles 16 and 17 of the act herein:
A. After registering the variety, the contriver shall acquire the right to protect it by prohibiting the third party-unless they may gain his approval - from carrying out the actions hereinafter regarding the reproducing materials of the protected variety for commercial purposes:
1. The production or the proliferation (the reproduction)
2. The preparation for the reproduction purposes
3. The offer for selling
4. Selling or otherwise from the marketing businesses
7. Storing for any of the purposes cited in such paragraph.
B. The approval of the contriver shall be gained to carry out the actions cited in paragraph (A) of the act herein regarding the harvested or picked products, including the whole plants or parts of the plants gained by making use of the reproducing materials of the protected variety without the approval of the contriver unless a reasonable opportunity shall be permitted for such contriver to practice his right concerning said reproducing materials.
C. The provisions of paragraphs (A) and (B) of the act herein shall be also applicable to the varieties hereinbelow:
1. The varieties essentially derived from the protected variety, unless such variety is essentially derived from another variety. The variety is considered essentially derived from another variety according to the following criteria:
– If it is primarily derived from the original variety or from a primarily derived variety from the original variety or from a primarily derived variety from the original variety, and is still keeping the whole properties resulting from the hereditary composite or from a group of hereditary composites for the original variety.
– If it is clearly distinguished from the original variety.
– If it is similar to the original variety as for its main properties resulting from the hereditary composite or a group of the hereditary composites for the original variety, except what is related to the differences resulting from the derivation.
2. The varieties that shall not be readily distinguished from the protected variety in accordance with paragraph (B) of Article 5 from the act herein.
3. The varieties that their production shall require the frequent use of the protected variety.
D. It shall be permissible in particular, to obtain the essentially derived varieties as a result of selecting natural and catalyzing variables, or by selecting a heterogeneous unity of the original varieties’ plants, or by the counter hybridization, or by alteration by the genetic engineering.
E. The third party’s performance for the actions provided in paragraphs (A) and (B) of such Article shall be deemed as a violation on the rights of the contriver and shall subject to the penalty of the legal responsibility, if they know or they ought to know that they are violating the rights of the contriver.
In spite of what has been mentioned in Article 15 of the act herein, the contriver’s right shall not include the following:
A. The actions the third party do for personal non-commercial purposes, or for trying or for educting other new varieties.
B. The farmers shall be prohibited to use in their lands the harvest’s product they have obtained by planting a protected variety or any variety from what is mentioned in items 1 and 2 of paragraph (C) of Article 15 from the act herein.
A. The contriver’s right shall not include the actions related to the materials of the protected variety, or to the materials of the protected variety, or to the materials of any variety from what is mentioned in paragraph (C) of Article 15 from the act herein, or to materials derived from these materials, and which the contriver has sold or marketed in any other form by himself or on his approval in the Kingdom, unless these actions include the following:
1. Additional reproduction for the intended variety.
2. Or exporting the materials of the variety that enable its reproduction to a country doesn’t protect the varieties of the plant genders or sorts to which the variety belongs, unless the exportation purpose shall be the consumption.
B. The word “materials” wherever mentioned in paragraph (A) of such Article shall mean the reproducing materials whatever its sort shall be, and the harvest materials including the whole plants or their parts.
The period of protecting the protected variety shall be twenty years starting from the date of filing its application, and concerning the trees and grapes, the period of their protection shall be twenty five years.
A. It shall be permissible to transfer all or some of the contriver’s rights with or without compensation or to mortgage them or to impound on them.
B. The right in the protected variety shall be transferred to the heirs by inheritance.
C. The procedures of the transferring; mortgaging and impounding on the title of the protected variety and all the legal practices related thereto including licensing for its utilization in accordance with instructions issued for such purpose by the minister and published in the Official Gazette shall be determined.
D. Transferring the title of the variety shall not be taken as an evidence or a proof against the third party except from the date of registering such in the register and publishing such in the Official Gazette.
It shall be permissible for the contriver to grant the third party a license for utilizing the protected variety pursuant to a written contract that shall be registered at the registrar.
A. Acting on submissions made by the Registrar, the minister may grant a person other than the contriver and without the contriver’s approval a license for utilizing the protected variety if that may be required by the common welfare, and in such case the contriver shall have the right to receive a fair compensation in which the economical value of the license shall be observed.
B. The minister on his own accord or according to an application from the contriver may cancel the license referred to in paragraph (A) of such Article if the licensee violates any of the licensing conditions or if the causes that led to granting him shall be ceased to exist, and such cancel shall not be transferred without observing the rights of those who may be related to such licensing.
The variety’s registration shall be invalid according to the following criteria:
A. If it is proved that, the variety is not novel or distinctive on the date of filing the application or on the priority date according to what shall be required.
B. If it is proved that, the variety is not homogeneous or constant on the date of filing the application, or on the priority date according to what shall be required, in case of the registration pursuant substantially to the information and the documents provided by the contriver on such date.
C. If the registration is made to a person other that the contriver in contrast to the provisions of the act herein.
The Registrar may cross out the variety’s registration according to the following criteria:—
1. If it is demonstrated as a result of the technical examination provided in Article 10 of the act herein that the variety’s constancy and homogeneity shall not be realized anymore.
2. If the contriver shall not provide the registrar with the information, the documents or the materials needed for assuring the maintenance of the varieties properties.
3. If the contriver shall not pay the annual fixed fees.
4. If the name of the protected variety has been crossed out after the registration and the contriver didn’t provide another suitable name.
B. For the purposes of applying the items 2, 3 and 4 of paragraph (A) from the act herein, the Registrar shall notify the contriver with the crossing out decision, and the crossing out should not be done except after the expiry of the period fixed by the issued regulation pursuant to the act herein.
The Registrar shall register the decision of the registration invalidity or its crossing out, and the announcement of such shall be published in the Official Gazette.
All the decisions shall be susceptible for appeal at the Supreme Court of Justice within sixty day from the date of the decision notification.
A. Each variety shall be registered with a name which shall be the variety’s identification. The name may be composed of a word; a combination of words and numbers or a combination of letters and numbers either they have a meaning or not, and the name shall not be composed of numbers only unless such shall be a prevailing custom for defining the varieties provided that the numbers allow the variety’s identification in all cases.
B. If the name has been used for the variety in the Kingdom or in any country or has been proposed or registered in any country, It shall not be permissible to use otherwise for the registration purposes, unless a reason has occurred to object the name, and another name for the variety shall be registered in the registration.
C. It shall be prevented to use or register any identical name that shall identify such variety or any similar name that may lead to an ambiguity with another formerly occurred variety from the same plant sort or from a closely resembling kind thereto, either such name shall be registered or known in the Kingdom or in any other country. This prevention shall remain effective even after the expiry of utilizing the variety in case that the name shall acquire a certain meaning related to the variety.
D. Taking into consideration paragraph (E) of such Article, all of those who offer; sell or market the plant reproducing materials of a protected variety shall be obliged to use the name of such variety, even after the expiry of the protection period.
E. It shall not be permissible to prejudice any right resulted for the third party concerning a name intended to be used for a variety, and the Registrar, in such a case, shall claim the contriver for proposing another name for the variety.
F. It shall be permissible to combine a trade mark; a trade name or any similar statement and the registered name of the protected variety upon marketing a variety or offering a variety for sale, if it shall be easy to recognize such name.
It shall not be permissible to register the name of the variety if the name may be:
A. In conflict with the provisions of the act herein.
B. In conflict with the public order and the morals.
C. Leading to delusion or ambiguity regarding the variety’s properties; its worth; its essence; its geographical origin or regarding the contriver’s personality.
The proposed name for the variety shall be determined in the application, and the procedures of registering the name, its publication and the periods related to such shall be determined pursuant to a regulation shall be issued according to the provisions of the act herein.
The contriver of the protected variety, upon litigating his civil lawsuit to prevent the violation of his rights in the protected variety or during studying such lawsuit, may submit an application to the competent court enclosed by a bank or a monetary bail which the competent court shall accept to take any of the procedures hereinafter:—
1. Ceasing the violation.
2. The precautionary impoundment on the variety that is the subjected to the violation wherever the kind occurs.
3. Safekeeping the evidences that may be related to the violation.
B.1. The contriver of the protected variety, before litigating his lawsuit, may submit an application to the court, enclosed by a bank or a monetary bail that the court shall accept, to take any of the procedures provided in paragraph (A) of such Article, without notifying the defendant, and the court may respond to the contriver’s application if he shall prove any of what’s hereinbelow:
– The violation has taken place on his right.
– The violation is imminent and may cause an irreparable tort to him.
– The contriver is fearing from the disappearance of the violation evidence or from the evidence’s damage.
2. In the case that, the contriver of the protected variety shall not submit his lawsuit within eight days from the date of the court’s response to his application, then the taken procedures concerning such matter shall be deemed as canceled.
3. The defendant may appeal the court’s resolution by taking the precautionary procedures at the court of appeal within eight days from the date of the defendant’s perception and notification for the resolution and the appeal court’s resolution shall be conclusive.
4. The defendant may claim for a compensation for the tort which has befallen on him if it is proved that the plaintiff isn’t rightful in his claim for taking the precautionary procedures or the plaintiff didn’t submit his lawsuit within the period determined in item 2 of such paragraph.
C. The defendant may claim for a compensation for the tort which has befallen on him if it is proved in the lawsuit’s result that the plaintiff isn’t rightful in his lawsuit.
D. The court may, in all cases, seek the help of the experts and the specialists.
E. The court may resolve to confiscate the variety subjected to the violation and the materials and tools which are substantially used in the violation of the protected variety and the court may resolve to damage such variety and the materials and the tools or to dispose of them in any noncommercial purpose.
A. The Cabinet shall issue the needed regulations for carrying out the provisions of the act herein including determining the annual fees for renewing the registration and the fees of objection and the other due fees pursuant to the provisions of the act herein.
B. The instructions referred to in the act herein shall be published in the Official Gazette.
The Prime Minister and the ministers shall be entrusted with the implementation of the provisions of this Act.
1 Official Gazette No. 4443 dated 2000