PLANT VARIETY PROTECTION ACT, 2021
LAWS OF NIGERIA BY GENERAL CATEGORIES
PLANT VARIETY PROTECTION ACT, 2021
LAWS OF THE FEDERATION OF NIGERIA
PLANT VARIETY PROTECTION ACT, 2021
LAWS OF THE FEDERATION OF NIGERIA
EXPLANATORY MEMORANDUM
This Act protects plant varieties, encourages investment in plant breeding and crop variety development and establishes a Plant Variety Protection Office for the promotion of increased staple crop productivity for smallholder farmers in Nigeria.
ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY PROVISIONS
1. Objectives
2. Application
PART II – PLANT VARIETY PROTECTION OFFICE
3. Establishment of Plant Variety Protection Office
4. Appointment of Registrar
5. Functions of the Office
6. Register of plant variety protections’ rights
7. Register to be evidence
8. Inspection of register
9. Plant Variety Protection Advisory Committee
10. Functions of the Committee
11. Powers of the Committee
PART III — VARIETIES TO BE PROTECTED
12. Genera and species to be protected
13. Conditions of protection
14. Novelty
15. Distinctness
16. Uniformity and stability
PART IV — APPLICATION FOR PLANT VARIETY PROTECTION RIGHTS
17. Application for plant variety protection’s right
18. The contents of an application
19. Variety denomination
PART V — CONSIDERATION AND DISPOSITION OF APPLICATION
20. The filing date of an application
21. Right of priority
22. Amendment of application
23. Publication of notice of application
24. Objection to the proposed grant of breeder’s right
25. Grounds for objection
26. Notice to the applicant and reply to an objection
27. Disposition of applications
PART VI — PROVISIONAL AND FINAL PROTECTION
28. Provisional protection
29. Scope of the breeder’s right, essentially derived and certain other varieties
30. Exceptions to the breeder’s right
31. Exhaustion of the breeder’s right
32. Duration of a plant breeder’s right
33. Protection and damages for infringement of a breeder’s right
34. Fees
PART VII — NULLITY, CANCELLATION AND SURRENDER OF BREEDER’S RIGHT
35. Nullity of the breeder’s right
36. Cancellation of the breeder’s right
37. Notification of nullification and cancellation
38. Surrender of breeder’s right
39. Authorisation or assignment of breeder’s right
40. Restrictions on the exercise of breeder’s right
41. Information on authorisation or assignment of breeder’s right
PART VIII— APPEALS
42. Appeals from decisions of Registrar
43. Decisions of the Minister on appeals
PART IX — PLANT BREEDERS’ RIGHTS DEVELOPMENT FUND, ACCOUNTS, AUDIT AND ANNUAL REPORT
44. Plant Breeders’ Rights Development Fund
45. Accounts and audit
46. Annual report to be submitted to the Minister
PART X — OFFENCES AND PENALTIES
47. Offences and penalties
PART XI — GENERAL PROVISIONS
48. Collection of fees
49. Confidentiality and disclosure
50. Action against the State
51. Breeders right in respect of existing varieties of recent creation
52. Agreement with foreign governments
53. Agents
54. Registrar to make guidelines
55. Regulations
56. Interpretation
57. Citation
PLANT VARIETY PROTECTION ACT, 2021
An Act for the protection of plant varieties, to encourage investment in plant breeding and crop variety development, to establish a plant variety protection office for the promotion of increase staple crop productivity for smallholder farmers in Nigeria; and for related matter.
[ ] Commencement
ENACTED by the National Assembly of the Federal Republic of Nigeria—
PART I – PRELIMINARY PROVISIONS
1. Objectives
The objectives of this Act are to:
(a) promote increased staple crop productivity for smallholder farmers in Nigeria and encourage investment in plant breeding and crop variety development;
(b) promote increased mutual accountability in the seed sector; and
(c) protect new varieties of plants.
2. Application
This Act applies to:
(a) a breeder; and
(b) any plant genera and species.
PART II – PLANT VARIETY PROTECTION OFFICE
3. Establishment of Plant Variety Protection Office
There is established the Plant Variety Protection Office (in this Act referred to as “the Office”) which is domiciled in the National Agricultural Seeds Council.
4. Appointment of Registrar
(1) The Board shall appoint a fit and proper person as the Registrar on the recommendation of the Director-General.
(2) The Registrar shall have at least a master’s degree in plant breeding, seed science, agronomy or in related fields with a minimum of seven years cognate experience and shall perform the functions assigned to him by the Director-General.
(3) The Registrar shall be responsible for the day-to-day management and administration of the Office and answerable to the Director-General.
5. Functions of the Office
The Office shall:
(a) grant breeder’s rights;
(b) maintain a register and provide information on plant breeders’ rights issued in Nigeria;
(c) facilitate transfer and licensing of plant breeder’s rights;
(d) collaborate with local and international bodies whose functions relate to plant breeders’ rights matters; and
(e) perform other functions as are necessary for the furtherance of the objects of this Act.
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