PLANT BREEDERS’ RIGHTS ACT IN FORCE

Please note: Regulations giving practical ffect to the Act were gazetted on 13 June 2025.

The 2018 Plant Breeders’ Rights Act has been in force since 1 June 2025, according to a presidential proclamation gazetted five days later.

Repealing the 1976 Plant Breeders Rights Act, among other things the new piece of legislation:

  • is in line with South Africa’s international obligations
  • provides for measures expected to:
    • deter the deliberate infringement of plant breeders’ rights, and
    • curb the abuse of protected plant varieties
  • clarifies the term “farmer’s privilege”, and
  • streamlines:
    • the rights application process, and
  • the assessment of plant material in the context of phytosanitary requirements.

Please click the links below for more information:

Published by SA Legal Academy Policy Watch

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