Summary of the Seeds and Plant Varieties Act, Cap 326 Laws of Kenya

This Act came into force in 1975. This law aims to: regulate transactions in seeds, including provision for the testing and certification of seeds; provide guidelines for the establishment of an index of names of plant varieties and to empower the imposition of restriction on the introduction of new varieties and control the importation of seeds; provide for the grant of proprietary rights to persons breeding or discovering new varieties.

The Act also grants plant breeders in plant variety exclusive rights to produce reproductive material of the variety for commercial purposes. Any infringement thereof is actionable and the owner of the right who is entitled damages, injunction, and account for profits. It also is an offence under the Act to make false representation or give false information regarding the exercise of plant breeders’ rights. This attracts either a fine not exceeding 20,000 thousands shillings or imprisonment of up to six months. A body corporate is liable too for any offences committed by or attributable to its officers in this regard.

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2 thoughts on “Summary of the Seeds and Plant Varieties Act, Cap 326 Laws of Kenya

  1. Pingback: The Case for an Inter-Agency Approach to Intellectual Property Protection and Enforcement « IP Kenya

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