PLANT VARIETY RIGHTS

Plant Variety Renewal

The term of protection is 25 years from the date of grant, subject to the payment of annual fees. Annual fees are payable every year starting from the end of the first year of grant. A plant variety protection can be renewed 3 months before the renewal due date. If a plant variety protection is not renewed by the renewal due date, it may be renewed within 6 months with payment of late fees.

Infringement

The rights of the owner of the protected plant variety are infringed if a party performs any act described in the Scope of Grant of Protection (page 1) without the consent of the owner in respect of the propagating material and/or harvested material of the plant variety. 

Enforcement

The owner of the protected plant variety can take civil legal action against an infringing party, seek relief in the form of an injunction to stop the infringing activities, demand for the profits gained by the infringing party at his expense or seek damages for the loss suffered. 

False Representation

It is a criminal offence to falsely represent a plant variety as protected when it is not.