Seeds and Plant Varieties (Plant Breeder's Rights) (Pulses Scheme) Regulations, 2001 (L.N. No. 78 of 2001)

LEGAL NOTICE No. 78 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) (PULSES SCHEME) REGULATIONS, 2001 1. These Regulations may be cited as the Seeds and Plant Varieties (Plant Breeder's Rights) (Pulses 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 Pulses Scheme, which shall apply to all plant varieties of pulses 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 prescribed 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. 5. For the purposes of section 21 of the Act, the classes of plant varieties prescribed shall consist of (a) in relation to plant varieties of beans, the species specified in Part I of the Second Schedule; (b) in relation to plant varieties of peas, the species specified in Part II 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 of a species specified in regulation 3 shall not have effect for a period of two years from the date of grant of rights in that plant variety. 7. A person who infringes the plant breeder's rights in the registered name of a variety of pulses covered by the Pulses 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. Citation, Interpretation. Plant varieties for whieh plant breeder's rights may be granted. Period for whieh rights are exercisable. Class of plant varieties. Prescribed period before compulsory licensing. Offences. FIRST SCHEDULE Genus or Species Period of years Period of years for which prescribed Name Common name rights are for the exercisable purpose of section 23 (4) of the Act Phaseolus vulgaris Dry bean 15 2 Phaseolus vulgaris French beans 15 2 Vicia [aba L. Broad beans 15 2 Cyamopsis tetragonoloba Beanslsnapbeans 15 2 Dolichos lablab Cluster beans 15 2 Pisum. sativum L. Peas 15 2 Cajanus cajan Pigeon peas 15 2 Vigna unguiculata Cow peas 15 2 Cicer arietinum L. Chick peas 15 2 Vigna radiata L. Mung beans 15 2 SECOND SCHEDULE PART I BEANS Species Phaseolus vulgaris Phaseolus vulgaris Vicia faba L. Cyamopsis tetragonoloba Dolichos lablab Vigna radiata L. Species Pisum sativum L. Cajanus cajan Vigna unguiculata Cicer arietinum L. Made on the 2nd May, 2001. PART II PEAS Common Name Dry beans French beans Broad beans Cluster beans Doliehos bean Mung beans Common Name Peas Pigeon peas Cow peas Chick peas C. M. OBURE, Minister for Agriculture.