Seeds and Plant Varieties (Plant Breeder's Rights) (Oil and Fibre Crops) Regulations, 2001 (Cap. 326)

LEGAL NOTICE No. 76 THE SEEDS AND PLANT VARIETIES ACT (Cap. 326) IN EXERCISE of the powers conferred by sections 17 and 21 of the Seeds and Plant Varieties Act, the Minister for Agriculture, after Citation. Imcrprciauon. Plant varieties for which plant breeder's rights may he granted. Period for which rights are exercisable. Class of plant varieties. consultation with representatives of organizations deemed to have substantial interest in the matter to be regulated and such other interests as appear to the Minister to be concerned, make the following Regula tions THE SEEDS AND PLANT VARIETIES (PLANT BREEDER'S RIGHTS) (OIL AND FIBRE CROPS SCHEME) REGULATIONS, 2001 1. These Regulations may be cited as the Seeds and Plant Varieties (Plant Breeder's Rights) (Oil and Fibre Crops Scheme) Regulations, 2001. 2. In the"'e Regu\ation'", un\e"'''' the context otherw,se requ,Ye'i> "authorized officer" means the Managing Director of the Kenya Plant Health Inspectorate Service; "plant variety" includes any clone, line, hybrid or genetic variant. 3. There is hereby made a scheme to be called the Oil and Fibre Crops Scheme, which shall apply to all plant varieties of oil and fibre crops which conform with the characteristics of cultivated plant varieties of any of the species specified in the first column of the First Schedule hereto. 4. The period for which plant breeder's rights shall be exercisable in respect of the plant varieties referred to in regulation 3 shall be the period of the years specified in the second column of the First Schedule. S. The classes of plant varieties prescribed for the purposes of section 21 of the Act shall consist of (a) in relation to plant varieties of sunflower; all plant varieties of the species specified in Part I of the second column; (b) in relation to plant varieties of the rapeseed and mustard; a\l plant varieties of the species specified in Part II of the Second Schedu\e', (c) in relation to plant varieties of sesame; all plant varieties of the species specified in Part III of the Second Schedule; (d) in relation to plant varieties of safflower; of all plant varieties of the species specified in Part IV of the Second Schedule; (e) in relation to plant varieties of castor; a\l plant varieties of the species specified in Part V of the Second Schedule; if) in relation to plant varieties of groundnuts; all plant varieties species specified in Part VI of the First Schedule; (g) in relation to plant varieties of jojoba; all plant varieties of the species specified in Part vn of the Second Schedule; (h) in relation to plant varieties of soyabean; all plant varieties of the species specified in Part VIII of the Second Schedule; (i) in relation to plant varieties of linseed and flax; of all plant varieties of the species specified in Part IX of the Second Schedule; (j) in relation to plant varieties of sisal; all plant varieties of the species specified in Part X of the Second Schedule; (k) in relation to plant varieties of cotton; all plant varieties of the species specified in Part XI of the Second Schedule; (I) in relation to plant varieties of kenaf; all plant varieties of the species specified in Part XII of the Second Schedule; (m) in relation to plant varieties of coconut; all plant varieties of the species specified in Part XIII of the Second Schedule. 6. For the purposes of section 23 (4) of the Act, a compulsory licence granted by the authorized officer in respect of a plant variety or group specified in regulation 3 shall not have effect from the date of grant of rights in that variety, for the period of years specified in the third column of the First Schedule. 7. A person who infringes the plant breeder's rights in the registered name of a variety of oil or fibre crop covered by the Oil Fibre Crops Scheme commits and offence and is liable to a fine of three thousand shillings or to imprisonment for a term of three months or to both. FIRST SCHEDULE Periods prescribed before compulsory licensing. Offences. Species Name Hetianthus annus L. Brassica napus L. Sesame indicum L. Carthamus tinctorius L. Ricinus communis L. Arachis hypogea L. Simmondsia chinensis Glycine max (L.) merril Linum usitatissimum L. Agave sisalina Gossypium hirsutum Hibiscus cannabinus Cocos nucifera L. Common name Sunflower Rapeseed Sasame Safflower Castor bean Groundnut Jojoba Soyabean Linseed and flax Sisal Cotton Kenaf Coconut Period of years for which rights are exercisable \S IS 15 15 15 15 20 15 15 20 20 20 25 Period of years prescribed before compulsory licensing I 2 2 2 2 2 3 I 2 2 2 2 3 SECOND SCHEDULE SPECIES OF PLANT VARIETIES PRESCRIBED FOR THE PURPOSES OF SECTION 2\ OF THE ACT SUNFLOWER Name Helianthus annuus Name Brassica napus L. spp. oleifera Brassica rapa L. (partim) Brassica rapa L. varr rapa (L) Theil PART II RAPE/MUSTARD Common Name Sunflower Common Name Oil seed rape Turnip rape Turnip SECOND SCHEDULE-(Contd.) Name Brassica juncea (L) czern ct coss.in czern Brassica nigra (L) W Koch Sinapis alba L. PART III SESAME Name Sesame indicum L. PART IV SAFFFlOWER Name Carthamus tinctorius L. PART V CASTOR Name Ricinus communis L. PART VI GROUNDNUT Name Arachis hypogea L. PART VII JOJOBA Name Simmondsia chinensis PART VIII SOYA BEAN Name Glycine max (L) Merril PART IX Common Name Brown mustard Black mustard White mustard Common Name Sesame Common Name Safflower Common Name Castor Common Name Groundnut Common Name Jojoba Common Name Soyahcan Name Unum usitutissimum Name Agave sisalina Name Gossypium hirsutum LINSEED AND FLAX Common Name Linseed and flax PART X SISAL Common Name Sisal PART XI COTION Common Name Cotton SECOND SCHEDULE-(Contd.) PART XII KENAF Name Hibiscus cannabinus Name Cocos nucifera L. Made on the 2nd May, 2001. PART XIII COCONUT Common Name Kcnaf Common Name Coconut C. M. OBURE, Minister for Agriculture.