THE PROTECTION OF NEW PLANT VARIETIES (PLANT BREEDERS' RIGHTS) ACT, 2002
ARRANGEMENT OF SECTIONS
Section TItle
PART I PART II PART III l3. Specie to which Plant Breeders' Rights may apply. PART IV I j
PART V CONSIDERATION AND DISPOSITION OF APPLICATIONS PART X PART XI 51. Offences and penalties.
PART XII THE UNITED REPUBLIC OF TANZANIA I ASSENT,
- An Act to provide for the establishment of a registry of plant breeders' rights; promotion of plant breeding and facilitation of agricultural advancements through the grant and regulation of plant breeders' rights and for matters connected therewith.
[...........................................) ENACTED by the Parliament of the United Republic ofTanzania.
PART!
PRELIMINARY PROVISIONS
Short title
1. This Act may be cited as the Protection of New Plant Varieties
and Com
(Plant Breeders' Rights) Act, 2002, and shall come into operation on mencesuch date as the Minister may, by notice in the Gazette, appoint. ment
2. In this Act, unless the context otherwise requires-Interpretation
"Act" means Protection ofNew Plant Varieties (Plant Breeders' Rights)
Act, 2002, "Appeals Board" means the Appeals Board established under section 45; "ag~t", in relation to an applicant Q[,a holder ofplant breeder's rights,
means a person who is duly authorized by the applicant or holder to act, onbehalfofthe applicant or holder; "applicant" means a person by or on behalfofwhom an application for the grant ofplant breeder's rights is made pursuant to section 21; "assignee" means, in relation to a new variety
"breeder" means- "breeding line" means an assemblage ofsexually reproductive individuals ofunifonn appearance propagated by seed, the stability ofwhich is maintained by selection to standard;
"clone" means unifonn material derived from a single individual and propagated entirely by vegetative means;
"cultivar" means an assemblage of cultivated individuals which, is designated by any characteristic, morphological, physiological, chemical, genetic or others, significant for the purpose of agriculture, and which, when reproduced sexually or asexually, retains its distinguishing feature;
"Fund" means the Fund established under section 48; "holder", in relation to plant breeder's rights, means "hybrid" means the first generation progeny ofa cross producedundercontrolled pollination with parents sufficiently unifonn to pennit repeated production ofthe hybrid without change in uniformity or stability.
"legal representative" means (iii) has assigned his estate; proportion; ''plant breeders' rights" means plant breeders rights granted in terms ofsection 32; "propagating material" means any reproductive or vegetative material for propagation, whether by sexual or other means, of a plant variety. and includes seeds for sowing and any whole plant or part thc.reoftbat may be used for propagation; "Register" means the Register of plant breeders' rights kept in terms of section 6;
"Registrar" means the Registrar ofPlant Breeders, Rights appointed in tenns ofsection 4; "reproductive material" means a plant orpart ofthe plant used to multiply the plant;
"sell" means to offer, advertise, keep, expose, transmit, convey, deliver orprepare for sale orexchange or dispose offor any consideration or transmit, conveyor deliver in pursuance ofthe sale;
''variety'' means (iii) is reasonably uniform and stable after repeated propagation; or PLANT BREEDERS' REGISTRY
3. There is hereby established within the Ministry responsible Establish
ment of
for agriculture, a Government office, which shall be known as the Plant
Plant Breeders' Rights Registry. Breeders' Rights
Registry
4.-(1) The Minister shall, by notice in the Gazetle appoint or Appointment of
designate an officerto perform the functions conferred to or ilnposed on
Registrar
the Registrar ofPlant Breeders' Rights under this Act.
(2) The Minister shall appoint such deputies and other officers as may be necessary who shall, subject to the direction ofthe Registrar, assume some of the powers and privileges conferred to the llegistrar pursuant to this Act.
5. The functions ofthe Registrar ofplant breeders' rights shall beFunctions
of Reais
(a) to grant Plant Breeders' Rights, in its acronym PBR;
trar Register of plant breeders'rights
Correction ofthe register and registered information 6.-(1) The Registrar shall maintain an official plant breeders' rights register in which shall be entered all information required to be registered under this Act. (iii)each person to whom such right has been transferred or assigned; 7.-(1) The Registrar may correct or authorize the correction ofany clerical error or any omission in the description ofa new variety, which appear in any application or other document lodged in terms ofthis Act or in the register. 8.-(1) A certificate purporting to be signed by the Registrar Evidence ofcertain
and certifying that any entry under this Act, has or has not been made, or
entries
that any other requirement has not been fulfilled shall be prima facie and evidence ofthe matter so certified.
documents terms ofthis Act, which purports to be certified by the Registrar shall be admitted in evidence without further proof and without production ofthe original.
9.-(1) The register shall be open to inspection by any member inspection of register
PRELIMINARY PROVISIONS
PLANT BREEDERS REGISTRY
VARIETIES THAT MAY BE PROTECTED
APPUCATJON FOR PLANT BREEDERS RIOHTS
ESTABLISHMENT OF PLANT BREEDERS' RIGHTS
DEVELOPMENT FUND
OFFENCES AND PENALTIES
MISCELLANEOUS PROVISIONS
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PART II
nation ofinformation on Plant Breeders' Rights ;
Rights issued in Tanzania;