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ARTICLE · 21 JULY 2025

Plant Breeders' Rights Act In Force

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June has seen a legislative development in South Africa with the new Plant Breeders' Rights Act coming into force and a landmark ruling from the Supreme Court of Appeal...

South AfricaIntellectual Property
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June has seen a legislative development in South Africa with the new Plant Breeders' Rights Act coming into force and a landmark ruling from the Supreme Court of Appeal relating to authentic designer goods not being counterfeit.

Plant Breeders' Rights Act in force

South Africa's new Plant Breeders' Rights Act 12 of 2018 (new Act) has, by proclamation in the Government Gazette of 6 June 2025, been deemed to have been in effect since 1 June 2025. Thus, the Plant Breeders' Rights Act 15 of 1976 (old Act) is now repealed.

South Africa's new Plant Breeders' Rights Act modernises the country's plant variety protection system by aligning it with the 1991 UPOV Convention. Key updates include broader protection for all plant species, improved procedural safeguards like automatic provisional protection, and clearer enforcement mechanisms. The Act also expands the minister of agriculture's authority to define the scope of farmers' privilege, which has raised concerns

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