Seeds and Plant Varieties (Plant Breeder's Rights) (Fruit and Nut Tree Crops Scheme) Regulations, 2001 (Cap. 326)

[Rev. 2012] CAP. 326 Seeds and Plant Varieties [Subsidiary] 103 [Issue 1] SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) (FRUIT, NUT AND TREE CROPS SCHEME) REGULATIONS, 2001 ARRANGEMENT OF REGULATIONS Regulation 1. Citation. 2. Interpretation. 3. Plant varieties to which Scheme applies. 4. Period for which rights are exercisable. 5. Classes of plant varieties. 6. Periods prescribed before compulsory licensing. 7. Offences. SCHEDULE CAP. 326 [Rev. 2012] Seeds and Plant Varieties [Subsidiary] [Issue 1] 104 SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) (FRUIT, NUT AND TREE CROPS SCHEME) REGULATIONS, 2001 [L.N. 70/2001.] 1. Citation These Regulations may be cited as the Seeds and Plant Varieties (Plant Breeder’s Rights) (Fruit, Nut and Tree Crops Scheme) Regulations, 2001. 2. Interpretation In these Regulations, unless the context otherwise requires— “authorized officer” means the Managing Director of the Kenya Plant Health Inspectorate Service; “plant variety” includes any clone, line, hybrid or genetic variant. 3. Plant varieties to which Scheme applies There is hereby made a scheme to be called the Fruit, Nut and Tree Crops Scheme, which shall apply to all plant varieties of fruit, nut and tree crops which conform with the characteristics of cultivated plant varieties of any of the genera or species specified in the first column of the Schedule hereto. 4. Period for which rights are exercisable The period for which plant breeder’s rights shall be exercisable in respect of any of the plant varieties referred to in regulation 3 shall be the period of the years specified in the second column of the Schedule. 5. Classes of plant varieties In relation to any of the varieties referred to in regulation 3, the class of plant varieties prescribed for the purposes of section 21 of the Act shall consist of all plant varieties of the genus or species specified in the third column of the Schedule. 6. Periods prescribed before compulsory licensing In relation to any of the plant varieties referred to in regulation 3, the period prescribed for the purposes of section 23(4) of the Act shall be the period of years specified in the fourth column of the Schedule. 7. Offences A person who infringes the plant breeder’s rights in the registered name of a variety of fruit, nut and tree crops covered by the Fruit, Nut and Tree Crops Scheme commits an offence and is liable to a fine of three thousand shillings or to imprisonment for a term of three months or to both. SCHEDULE Species Classes of plant varieties for the purpose of section 21 of the Act Period of years for which right are exercisable Period of years prescribed before compulsory licensing Carica papaya L. Pawpaw Carica 20 2 [Rev. 2012] CAP. 326 Seeds and Plant Varieties [Subsidiary] 105 [Issue 1] SCHEDULE—continued Species Classes of plant varieties for the purpose of section 21 of the Act Period of years for which right are exercisable Period of years prescribed before compulsory licensing Anacardium occidentale Cashew nuts Anacardium 25 3 Citrus limon (L. Burm.f.) Lemon Citrus sp. 20 3 Citrus paradisi Macfad Grape fruit Citrus sp. 20 3 Citrus reticulata Balanco Mandarin Cutrus sp. 20 3 Citrus reticulata Balanco x C. Pararidi Macfad Tangelo Citrus sp. 20 3 Citrus sinensis L. pers Orange Citrus sp. 20 3 Coffea arabica and Coffea robusta Coffee Coffea sp. 20 3 Cyphomanora betacea Tamarillo Cyphomanora 20 2 Eryobotraya Lindl. Loquat Eriobotrya 25 3 Fragaria L. Strawberry Fragaria sp. 20 2 Macadamia sp. Macadamia Macadamia 25 3 Malus mill Apple Mangnifera sp. 20 3 Maginfera indica L. Mango Mannifera sp. 25 3 Morus L. Mulberry Morus sp. 20 3 Musa L. Banana Musa sp. 20 2 Passiflora edulis sims Granadilla Passiflora sp. 20 3 Peasea americana mill Avocado Persea sp. 25 3 Prunus avium L. Cherry Prunus sp. 20 3 Prunus L. Plum Prunus sp. 20 2 Prunus persica L. Peach Prunus sp. 20 2 Psidium guajava Guava Psidium sp. 20 2 Pyrus L. Pears Pyrus sp. 20 3 Ribes sp. Currants Ribes sp. 20 2 Ribes uva-Crispa L. Gooseberry Ribes sp. 20 2 Rubus ideas L. Raspberry Rubus sp. 20 2 Camelia sinensis L. Tea Thea sp. 20 3 Tilia L. Lime Tilia sp. 20 3 Vitis vinifera Grape vine Vitis sp. 20 3