Seeds and Plant Varieties (Plant Breeder's Rights) (Ornamental and Herbaceous Plants Scheme) Regulations, 2001 (L.N. No. 75 of 2001)

LioVAL NOTICE No. 75 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 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, makes the following Regula­ tions THE SEEDS AND PLANT VARIETIES (PLANT BREEDER'S RIGHTS) (ORNAMENTAL AND HERBACEOUS PLANTS SCHEME) REGULATIONS, 2001 1. These Regulations may be cited as the Seeds and Plant Varieties (Plant Breeder's Rights) (Ornamental and Herbaceous Plants Scheme) Regulations, 2001. 2. 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. There is hereby made a scheme to be called the Ornamental and Herbaceous Plants Scheme, which shall apply to all plant varieties of ornamental and herbaceous perennial plants which conform with the characteristics of cultivated plant varieties of any of the species specified in the first column of the Schedule hereto. 4. 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. In relation to plant varieties referred to in the first column of the Schedule, the periods prescribed for the purposes of section 23 (4) of the Act shall be the period of years specified in the third column of the Schedule. 6. Plant breeder's rights exercisable in respect of any of the plant varieties referred to in these Regulations shall, where the word "included" appear in the fourth column of the Schedule, include the exclusive right to propagate and to authorize others to propagate that plant variety for the purpose of selling cut blooms, foliage or stems thereof. 7. A person who infringes the plant breeder's rights in the registered name of a variety of ornamental covered by the Ornamental and Herbaceous Plants 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. Citation. Interpretation. Plant varieties for whieh plant brcccdcr's rights may be granted. Period for which rights are exercisable. Prescribed period before compulsory licensing. Additional rights. Offences. SCHEDULE Species or genus Period of years Period of years Additional rights for which right prescribed pre5cribed Name Common name are exercisable before for the compulsory purposes of licensing paragraph I of Schedule j' A lstroemeria L. Alstrocmeria 20 2 Included A diantiform~~ Leathery leaf fern 20 3 Included Antirrhinum majus Antirrhinum 20 2 Included Agapanthus L. African Lily 20 2 Ageratum houstonianum. Ageratum 20 2 Included Anthemis L. Chamomile 20 2 Anemone coronaria Anemone 20 2 Included Anthurium sp, Anthurium 20 2 Included SCHEDULE-(Contd.i Species or genus Period of years Period of years A dditional rights for which right prescribed prescribed Name Common name are exercisable before for the compulsory purposes of licensing paragraph I of Schedule 5 Amobium alaium Amobium 20 2 Included Astelia spp. Astelia 20 2 Asclepias curassavica Asclepias 20 2 Included Aster L. Aster 20 2 Included Aquilegia vulgaris Aquilcgia 20 2 Included Begonia spp, Eliator Begonia 20 2 Bracteantha bracteata Everlasting tlower 20 2 Included Culistephus chinensis Calistephus 20 2 lncluocd Caltha L. Marsh Marigold 20 2 Calendula officinalis. Calendula 20 2 Included Campanula L. Bell tlower 20 2 Included Camellia L. Camellia 20 2 Included Carthamus tinctorius Carthamus! safflower 20 2 Included Centaurea L. Corntlower 20 2 Cetananche L. Cupids dart 20 2 Cirsium japonicum Cirsium 20 2 Included Chrysanthemum Spp. Chrysanthemum 20 2 Included Coccineum willd. Pyrethrum 20 2 Included Cymbidium Sw. Cymbidium 20 2 Included Dahlia Dahlia 20 2 Included Delphinium Perrenial Delphinium 20 2 Included Dendrobium Orchid dendrobium 20 2 Included Dianthus L. Carnations 20 2 Included Epiphyllopsis including Rhipsalidopsis and Schlumbergera Easter cactus 20 2 Included Eryngium L. Eryngium 20 2 Included Erysimum L. Mustard Treacle 20 2 Euphorbia pulcherrima Poinsettia 20 2 Included Euphorbia spp, Euphorbia 20 2 Eustoma sp, Eustoma 20 2 Included Fragaria L. Strawberry 20 2 Freesia Klatt Freesia 20 2 Included Glatonia Scardens (Bak.) Decne Glatonia 20 2 Gerbera cuss Gcrbcra 20 2 Included Gysophila L. Gysophila 20 2 Included Halipterum Manglesii Halipterum 20 2 Included Heliopsis sp. Heliopsis 20 2 Included Heunchera L. Coral flower 20 2 included Hypericum L. Hypericum 20 2 Included Impatiens spp. Impatiens 20 2 I'peris umbellata Iperis 20 2 Included Iris L. Iris 20 2 Included Kalanchoe adans Kalanehoc 20 2 Lavandula sp, Lavender 20 2 Species or genus Name Lilium Limonium Lobelia L. Lupinus L. Narcissus L. Nerine sp, Nicotiona tabacum L. Oenotheru L. Origanum L. Omithogalum sp. Orchidacea Juss Osteospermum L. Oxypetalum caeruleum Pelargonium sp. Petunia L. Polianthes tuberose Phrarbitis nil chois Platycordon grundiflrum Rohododendron L. Rosa L. Rumohra adiantiformls Saccharum L. Saintpaulia ionantha H. wendl Scaevola aemula Solidago L. Solidaster Wehrh Stachys L. Streptocarpus Tagetes sp, Trifolium arvense L. Trachelium caeruleum Viola L.­ Zantedeschia spreng SCHEDULE-(Contd.i Period of years for which right Common name are exercisable Lilly 20 Staticc 20 Cardinal flower 20 Lupin 20 Daffodil 20 Nerine herb 20 Tobacco 20 Evening primrose 20 Sweet marjoram 20 Arabicum and Ornithogalums 20 Orchids 20 Ostcospcrmurn 20 Oxypctalum 20 Geranium 20 Petunia 20 Tuberose 20 Morning glory 20 Platycordon 20 Azealea 20 Rose 20 Leathery leaf fern 20 Sugar-cane 20 African violet 20 Scacvola aemula 20 Golden Rod 20 Solidaster 20 Woundwort 20 Cape primrose 20 Marigold 20 Rabbit foot 20 Trachelium 20 V~~ W Calla lily 20 Period of years prescribed before compulsory licensing 3 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 3 2 2 2 2 2 2 2 2 2 2 Additional rights prescribed for the purposes of paragraph l of Schedule 5 Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Made on the 2nd May, 2001. C. M. OBURE, Minister for Agriculture.