Seeds and Plant Varieties (Plant Breeder's Rights) (Other Cereals Scheme) Regulations, 2001 (Cap. 326)

LEGAL NOTICE No. 77 THE SEEDS AND PLANT VARIETIES ACf (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) (OTHER CEREALS SCHEME) REGULATIONS, 2001 1. These Regulations may be cited as the Seeds and Plant Varieties (Plant Breeder's Rights) (Other Cereals 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. 3. There is hereby made a scheme to be called the Other Cereals Scheme, which shall apply to cereals other than maize which conform with the characteristics of cultivated 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 years specified in the second column of the First Schedule. 5. For the purposes of section 21 of the Act, the classes of plant varieties prescribed shall consist of (a) all the species specified in Part I of the Second Schedule; (b) in relation to plant varieties of rice, all the species specified in Part II of the Second Schedule; (c) of all the species in Part III of the Second Schedule. Citation. Interpretation. Plant varieties for which breeder's rights may be granted. Period for which rights are exercisable. Class of plant varieties. Prescribed period before compulsory licensing. Offences. 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 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 hereto. 7. A person who infringes the plant breeder's rights in the registered name of a variety of cereal covered by the Other Cereals 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. FIRST SCHEDULE Name Species Common name Period of years for which rights are exercisable Period of years prescribed for the purpose of section 23 (4) A vena sativa Eleusine corocana (L.) gaertn. Hordeum vulgare Oryza sativa Pennisetum (L) R. Sr. Panicum milliacem Setaria italica Secale cereale L. Sorghum bicolor (L.) Moench Triticosecale Wittm. Triticum sp, Oats Finger Millet Barley Rice Pearl Millet Prosso Millet Foxtail Millet Rye Sorghum Triticale Wheat SECOND SCHEDULE PART I 15 15 15 15 15 15 15 15 15 15 15 2 I 2 1 1 I 1 2 1 2 I Species Triticum sp. Hordeum vulgare A vena sa/iva Secale cereale L. Triticosecale Wittm. Species Oryza sa/iva L. Species Sorghum bicolor (L.) Moench Eleusine corucana (L.) gaertn Pennisetum glaucum (L.) Panicum milliacem (L.) Setaria isalica (L.) Common name Wheat Barley Oats Rye Triticale PART 1\ Common name Rice PART 1\1 Common name Sorghum Finger MilicI Pearl Millet Prosho Millet Foxtail Millet Made on the 2nd May, 2001. C. M. OBURE, Minister for Agriculture.