19 June 2025
The long-anticipated Plant Breeders’ Rights Act 12 of 2018 (“the new Act”) has officially come into effect as of 1 June 2025, following its proclamation in the Government Gazette on 6 June 2025 and publication of its Regulations in the Government Gazette of 13 June 2025. This marks the formal repeal of the Plant Breeders’ Rights Act 15 of 1976 (“the old Act”).
The new Act aligns South Africa’s plant variety protection framework with modern international standards, particularly the 1991 UPOV Convention.
What’s New? Some Key Changes at a Glance:
- Expanded Scope of Protection
Under the old Act, only certain listed plants were eligible for protection. The new Act removes this limitation – unless explicitly excluded by legislation, all plant genera and species may now be protected, provided they meet the criteria of being new, distinct, uniform, stable, and having an appropriate denomination. - Longer and More Specific Protection Periods
The new Act provides for plant breeders’ rights to last 20, 25, or 30 years, depending on the kind of plant. These durations are defined in the accompanying Regulations. - Farmers’ Privilege
The provisions pertaining to farmer’s privilege have been significantly revised. Now, farmers’ rights to use protected varieties will depend on categories defined by the Minister of Agriculture and defined in the accompanying Regulations, considering factors like annual turnover, the kind of plant and the particular use of the protected variety. - Refined Novelty Provisions
Sale with the sole purpose of multiplying plant material of the protected variety on behalf of the breeder or sale for the purpose of evaluation of the variety for specified tests or trials are now explicitly excluded as acts which constitute a sale of material. Thus, these sales will not compromise the novelty of a variety if they fall within the ambit of the exceptions provided in the new Act. - Automatic Provisional Protection
Applicants will now benefit from automatic provisional protection from the filing date – no additional request or undertaking is required. While infringement claims can’t be brought during this period, applicants may claim equitable remuneration for unauthorised use contemplated in the new Act.
Von Seidels remains committed to guiding clients through this transition and are eager to keep providing guidance as the new laws come into effect.
