Plant Breeders’ Rights in South Africa

Plant breeders have intellectual property rights on new plant varieties. Plant breeders are granted plant breeders’ rights for protection against exploitation. Plant breeders’ rights are registered with the Registrar for Plant Breeders’ Rights. Smit & Van Wyk, Inc. intellectual property attorneys specialize in obtaining intellectual property rights for plant breeders in South Africa. Individual breeders or breeding institutions may apply for plant breeder’s rights.

To be granted plant breeder’s rights, the plant variety must be: New, Distinct, Uniform, Stable (DUS) and have an acceptable denomination (variety name). To determine the quality of your seeds, you may send the seeds sample to the Official Seed Testing Laboratory (OSTL). OSTL will test your seeds for physical purity, germination, viability, or moisture.

For more information regarding plant breeder’s rights, please visit our website:

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www.smitvanwyk.com