- PART ONE GENERAL PROVISION
- PART TWO PLANT BREEDERS' RIGHT
- 4. Protection of Right
- 5. Scope of Plant Breeder's Right
- 6. Exemptions to Plant Breeders' Right
- 7. Restrictions on Plant Breeders' Right
- 8. Compulsory Licensing
- 9. Duration of Plant Breeders' Right
- 10. Persons Entitled to Plant Breeders Right
- 11. Application
- 12. Provisional Protection
- 13. Opposition
- 14. Granting of Plant Breeders' Right
- 15. Register of Plant Breeders' Right
- 16. Publication of Plant Breeders' Right
- 17. Deposition of Samples
- 18. Maintenance of Variety
- PART THREE TRANSFER AND REVOCATION OF PLANT BREEDERS' RIGHT
- PART FOUR INFRINGEMENT OF PLANT BREEDERS' RIGHT
- PART SIX MISCELLANEOUS PROVISIONS
FEDERAL DEMOCRATIC NEGARIT GAZETA OF THE DEMOCRATIC REPUBLIC OF ETHIOPIA
12th Year No. 12
ADDIS ABABA – 27th February, 2006
Proclamation No. 481/2006
Plant Breeders' Right Proclamation....Page 3339
PROCLAMATION NO. 481/2006
A PROCLAMATION TO PROVIDE FOR PLANT BREEDERS' RIGHT
WHEREAS, the utilization of new plant varieties developed through research play a significant role inimproving agricultural production and productivity;
WHEREAS, the development of new plant varieties requires considerable effort and investment;
WHEREAS, it is necessary to provide for recognition and economic reward for those who contribute to such effort and investment so as to encourage their involvement in the sector;
WHEREAS, it is necessary and appropriate to ensure that the farming and pastoral communities of Ethiopia, who have been conserving and continue to do so in the future the agro-biodiversity resource used to develop new plant varieties, continue to their centuries old customary practice of use and exchange of seed;
NOW, THEREFORE, in accordance with Article 55 (1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:
PART ONE
GENERAL PROVISION
1. Short Title
This Proclamation may be cited as the "Plant Breeders' Right Proclamation No. 481/2006."
2. Definitions
In this Proclamation unless the context otherwise requires:
1/ "applicant" means a person who has filed an application with the Ministry for a plant breeders' right;
2/ "Ministry" means the Ministry of Agriculture and Rural Development;
3/ "breeder" means a person who:
a) has bred and developed a new plant variety; or
b) has employed or commissioned the work of the person who has bred or developed a new plant variety; or
c) is a successor in title of the person mentioned in (a) or (b) of this Sub-Article;
4/ "holder" means a person to whom a plant breeders' right has been granted by the Ministry;
5/ "new plant variety" means a variety that:
a/ by reason of one or more identifiable characteristics, is clearly distinguishable from all other varieties the existence of which is a matter of common knowledge at the date of application for a plant breeders' right;
b/ is stable in its essential characteristics, in that after repeated reproduction or multiplication, at the end of each cycle, remains true to its description;
c/ having regard to its particular features of sexual reproduction or vegetative propagation, is sufficiently homogenous or is a well-defined multi-line; and
d/ its material has not been sold or otherwise disposed of to others by the breeder for purposes of commercial exploitation of the variety:
i) in the territory of Ethiopia, earlier than one year before the date of filling of application for plant breeders' right with the Ministry; or
ii) in the territory of any other state, earlier than six years in the case of varieties of tree, fruit tree or grape vines, or in the case of other species, earlier than four years before the date of the application.
6/ "Plant" means a living-organism which is not an animal and which can reproduce itself naturally.
7/ "protected variety" means a new plant variety that is protected by a plant breeders' right granted by the Ministry;
8/ "variety" means a plant grouping within a single botanical taxon of the lowest known rank, which can be:
a) defined by the expression of the characteristics resulting from a given genotype or combination of genotypes;
b) distinguished from any other plant grouping by the expression of at least one of said characteristics; and
c) considered as a unit for being propagated unchanged;
9/ Farmers variety means a plant variety having specific attributes and which has been discovered, breed, developed or nurtured by Ethiopian farming communities or a wild relative of variety about which the Ethiopian farming communities have common knowledge;
10/ "Wild relative" means a plant variety which is not domesticated by man and which is found in the wild by nature.
11/ "Propagating material" means any part of a plant which can be propagated.
12/ "Person" means natural person or juridical person.
13/ "Institution" means a state or private organization having juridical personality.
3. Scope of Application
1/ This Proclamation shall apply to new plant varieties of the genera and species, which the Ministry shall determine by directives;
2/ The Ministry may revise, from time to time, as necessary, the list of the plant genera and species to which this Proclamation shall apply.
PART TWO
PLANT BREEDERS' RIGHT
4. Protection of Right
Subject to the conditions and limitations provided for in this Proclamation, a breeder shall be granted a plant breeders' right in respect of his new plant variety.
5. Scope of Plant Breeder's Right
1/ Subject to the exemptions and restrictions provided for in this Proclamation, a plant breeders' right entitles the holder an exclusive right to:
a) sell, including the right to license other persons to sell, the seed or propagating material of the protected variety; and
b) produce, including the right to license other persons to produce, propagating material of the protected variety for sale.
2/ The carrying out of the activities referred to in Sub-Article (1) of this Article by other persons with respect to a protected variety is prohibited unless with the authorization of the holder.
6. Exemptions to Plant Breeders' Right
1/ Notwithstanding the existence of a plant breeder's right, any person or farmers' community may:
a) propagate, grow and use a protected variety for purposes other than commerce;
b) sell plants or the propagating material of the protected variety for use as food or for
any other use that does not involve growing the plant or the propagating material of the protected variety;
c) sell plants or propagating material of a protected variety as they are within a farm or any other place where plants of the variety are gown;
d) use plants or propagating material of a protected variety as an initial source of variation for purpose of developing another new plant variety except where the person makes repeated use of plants or propagating material of the variety for the commercial production of another variety;
e) sprout a protected variety for use as food for home consumption or for the market;
f) use a protected variety in further breeding, research or teaching;
g) obtain, with the conditions of utilization, protected variety from gene banks or plant genetic resources centers.