New Plant Varieties To Be Protected As Intellectual Property

Intellectual property rights for plant breeders in Jamaica will be introduced when The Ministry of Industry, Investment and Commerce finalises the New Plant Varieties (Rights of Breeders) Bill and makes it law.

This was disclosed by Portfolio Minister, Senator the Hon. Aubyn Hill, who said the pending legislation is close to being finalised.

He was speaking during the Jamaica Intellectual Property Office (JIPO) webinar on Plant Variety Protection and the Cannabis Industry on Thursday (February 24).

Senator Hill explained that the new legislation will allow plant breeders who have developed new varieties to apply to register these and secure the rights.

“Under the new law, in order for a plant breeder to be granted a plant breeder’s right for a new plant variety, that variety will have to be new, distinct, uniform and stable,” he said.

The Minister also advised that the legislation will make provision for the rights of the breeder, as well as the scope, duration, and exceptions to those rights.

Senator Hill said persons or entities holding a plant breeder’s rights certificate will be able to exclude others from marketing or selling a registered plant variety, and control and manage how other breeders and growers use their protected variety.

“New plant varieties may be commercialised by licensing the sale of propagating material to ensure that there are financial benefits for the breeder, similar to what now obtains with the use of trademarks, patents and other intellectual property rights,” he informed.

Vegetative and seed-propagated species, including vines, fruit trees, ornamental trees and their root stock, will be protected for 25 years, and other general species for 20 years.

Senator Hill emphasised that the law will include an exception for small farmers who, within “reasonable limits”, use the product of their harvest from a protected variety for propagating purposes on their own land holdings.

Senator Hill pointed out that under the new law, any action carried out requiring the breeder’s authorisation shall constitute an infringement and be subject to criminal and civil sanctions if that approval is not obtained.

These include fines, damages, injunctions, forfeiture, seizure or destruction of propagating material, and imprisonment.

Senator Hill indicated that the new law is expected to increase local breeding programmes and lead to greater exports and revenue generation from new plant varieties.

Additionally, he said, it will improve Jamaica’s food security and sustainable agriculture, and contribute to increased income generation from agriculture.

“The impact will include increased agricultural research and innovation and supply of healthy food products, which will benefit the wider society and contribute to improved health conditions of the population,” the Minister added.

In this regard, Senator Hill said, the Government and Ministry of Industry, Investment and Commerce “are pleased to support the clear property rights and commercial aspects of this legislation”.

Source: JIS