Beneficiaries or Rightholders

Article 2 - Interpretation

"indigenous people" means persons who fall within the definition of the "aborigine" or "native" as defined respectively in Clause (2) of Article 160 and Clause (6) of Article 161A of the Federal Constitution;

"local community" means a group of individuals who have settled together and continuously inherit production processes and culture or a group of individuals settled together in a village or area and under an eco-cultural system.

Scope of Protection

Article 12 - Application for registration of new plant variety and grant of breeder's right

(1) An application for the registration of a new plant variety and a grant of a breeder's right shall be made to the Board in the prescribed manner and shall—
(f) be accompanied with the prior written consent of the authority representing the local community or the indigenous people in cases where the plant variety is developed from traditional varieties;
(g) be supported by documents relating to the compliance of any law regulating access to genetic or biological resources; and

Article 14 - Conditions for registration of new plant variety and grant of breeder's right

(1) Subject to sections 15 and 16, a plant variety shall be registered as a new plant variety and granted a breeder's right if the plant variety is new, distinct, uniform and stable.

(2) Notwithstanding subsection (1), where a plant variety is bred, or discovered and developed by a farmer, local community or indigenous people, the plant variety may be registered as a new plant variety and granted a breeder's right if the plant variety is new, distinct and identifiable.