South Africa is the only country on the continent of Africa which is a member of the UPOV Convention. This has the effect that South Africa is bound to give protection to Plant Breeders’ Rights of nationals of other continents of the world, whilst the rest of the countries on the African continent are not. The rights cover propagating material for the relevant variety as well as harvested material, including plants. These exclusive rights consist of the production or reproduction of the aforementioned plant material, the conditioning thereof for the purpose of propagation, the sale or any form of marketing thereof, as well as the exporting, importing and stocking thereof.

Protecting Biotechnological Intellectual Property and The Protection of Genetically Modified Crops (Gmc’s) under the RSA Patents Act (No.57 of 1978) and/or the RSA Plant Breeders’ Rights (PBR) Act (No. 15 of 1976).

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