PLANT BREEDERS’ RIGHTS ACT IN FORCE

PLANT BREEDERS’ RIGHTS ACT IN FORCE

• 06 June 2025
• Agriculture, Land Reform & Rural Development
• SA Legal Academy

Please note:1) Regulations giving practical effect to the Act were gazetted on 13 June 2025. 2) Ten days later, the department issued a media statement on the new legislation; 2) On 11 July 2025, a notice was gazetted replacing Table 2 (fees payable from 1 April 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:

• proclamation
• Act

Published by SA Legal Academy Policy Watch

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