Uganda
Plant Variety Protection Act, 2014
Act 16 of 2014
- Published in Uganda Gazette 76 on 24 December 2014
- Assented to on 21 June 2014
- Commenced on 24 December 2014
- [This is the version of this document from 24 December 2014.]
Part I – Preliminary
1. Application of the Act
2. Purpose of the Act
The purpose of this Act shall be to—3. Interpretation
In this Act, unless the context otherwise requires—"assignee" means the person to whom rights have been assigned by a breeder;"breeder" means—(a)a person who bred or discovered in relation to the use of a plant variety and developed the plant variety;(b)the employer of the person to whom paragraph (a) applies or any person who has commissioned the person’s work; or(c)the successor in title of the first person mentioned in paragraphs (a) and (b), as the case may be;"breeder’s right" means the right of the breeder provided for in this Act;"committee" means a committee established by section 4;"court" means the High Court of Uganda;"currency point" has the value assigned to it in the First Schedule;"derivative" means a product developed or extracted from plant varieties, a derivative may include such products as oils, resins, gums, protein;"ex-situ conditions" means the conditions in which plant varieties are found outside their natural habitats;"innovation" includes—(a)any new alteration, modification, improvement of collective and cumulative knowledge or technology;(b)the use of properties and processes of any plant varieties or any part of a plant variety;(c)any, or enhanced use as a result of cumulative knowledge or technology,whether documented, recorded, oral, written or in whatever manner otherwise existing;"in-situ conditions" means the conditions in which plant varieties are found in their ecosystems and natural habitats and, in the case of domesticated or cultivated species, in the cultural contexts in which their specific properties have been developed;"Minister" means the Minister responsible for agriculture;"Office" means the Plant Variety Protection Office established under section 9;"prior informed consent" means the giving by a collector of complete and accurate information, and based on that information, the prior acceptance of that collector by the Office and the concerned breeder collects plant varieties;"plant variety" means a plant grouping within a single botanical taxon of the lowest known rank, which grouping, irrespective of whether the conditions for the grant of a breeders’ right are fully met, can be—Part II – Administration
4. Plant Variety Protection Committee
5. Functions of the Committee
The functions of the Committee are to—6. Meetings of the Committee
The Second Schedule to this Act shall have effect in respect of meetings of the Committee.7. Liability of staff etc
A Committee member, officer or other staff of the office shall not, in his or her personal capacity, be liable to civil proceedings in respect of an act or omission done in good faith in the exercise of his or her functions under this Act8. Liability of staff for damages
Notwithstanding section 7, the officer or other staff may be liable to pay compensation to any person for injuries to him or her, his or her property caused either wholly or partially by the exercise of the functions of the office under this Act or any other law.9. Establishment of a Plant Variety Protection Office
There is established a Plant Variety Protection Office in the Ministry of Agriculture, Animal Industry and Fisheries.10. Registrar
11. Functions of the Office
The functions of the Office are to—12. Designation of officers
The Minster shall designate—Part III – Plant breeders’ rights
13. Rights of plant breeders
Plant breeders’ rights, in respect of a new variety are—14. Dependent varieties
15. Exemptions of the rights of breeders
Notwithstanding that plant breeders’ rights subsist in respect of a variety, a person may—16. Application for breeders’ rights
17. Restrictions to plant breeders’ rights
18. Rights not extended to acts requiring authorisation
19. Terms of protection of plant breeders’ rights
Subject to this Act, plant breeders’ rights in respect of a plant variety shall subsist—20. Remedies for infringement of rights
21. Naming of protected plant varieties
22. Filing of applications
23. New varieties
24. Distinct variety
25. Uniform variety
A variety shall be taken to be uniform if it has characteristics that are consistent from plant to plant.26. Stable variety
A variety shall be taken to be stable if its relevant characteristics remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each cycle.27. Grant not limited to protection of same variety
The grant of a breeders’ right shall not be refused or limited in duration on the ground that protection for the same variety has not been applied for or has been refused or has expired in any other country or intergovernmental organization.28. Characteristics of plant varieties originating from outside Uganda
For the purposes of this Act, where a plant variety in respect of which an application has been accepted has origin from outside Uganda, the variety shall not be taken to have a particular characteristic unless—29. Test growing of plant varieties
30. Withdrawal of application
31. Provisional protection
32. Objection to grant of rights
33. Grant of rights
34. Entry of rights into register
When the Office grants plant breeders’ rights in respect of a plant variety, the Registrar shall enter in the register—35. Publication of rights
Where the plant breeders’ rights have been granted, the Registrar shall within thirty days after granting those rights publish them in the Gazette and a newspaper of wide circulation.36. Appeal against decision
37. Nature of rights
38. Assignment of rights
39. Supply of reproductive material
40. Maintenance of reproductive material
41. Revocation of rights
42. Surrender of rights
43. Royalty to conservation and development
44. Placement of completed application form in public registry
45. Genetic resource centers
The Minister may from time to time declare or gazette genetic resource center, as suitable centers for storage and maintenance of germplasm material for purposes of this Act.Part IV – Miscellaneous
46. Contravention
Any activities carried out in contravention of this Act and the regulations made under this Act shall be illegal, and any claims upon plant varieties obtained or used outside this Act shall not be recognized.47. Dispute settlement
Where a conflict arises concerning any matter related to this Act, unless otherwise provided for, it shall be settled administratively through the Office and finally through the courts of law.48. Regulations
History of this document
24 December 2014 this version
Commenced
21 June 2014
Assented to