Plant Breeder's Rights
What does the term PBRs/Patented Plants stand for?
A patent is a legal document that gives you the right to stop other people from making, using, or selling your invention without your consent. Everyone knows that computer designers and automobile manufacturers get patents on their inventions. Plant breeders can get these patents too. A plant breeders' right is a form of intellectual property right granted to breeders of new plant varieties for the protection of their varieties against exploitation without their permission.
What are PBR/Patented plants?
They are unique plants developed by breeders. The plant breeders applied for and were given PBR/patent protection.
Do Sunbird Aloes have PBRs/patents?
The Sunbird Aloes collection is protected in terms of the Plant Breeder’s Rights Act, 1976 (ACT No.15 of 1976), and for others, these rights have been applied for and are “pending”. In both cases, unauthorized commercial propagation or any sale, conditioning, export, import, or stocking of propagation material of these varieties is an infringement under the Plant Breeder’s Rights Act, 1976.
What does this entail?
In South Africa, the protection of plant varieties is afforded under a sui generis system: Plant Breeder's Rights. In terms of the Plant Breeder's Rights Act, 2016, the protection afforded to the holder of plant breeder's rights includes that prior authorization must be obtained from the holder for the duration of the rights, for any person intending to undertake:
1. the production or reproduction (multiplication) of the protected variety.
2. the conditioning for the purposes of propagation of the protected variety.
3. the sale or any other form of marketing of the protected variety.
4. the exporting of the protected variety.
5. the importing of the protected variety; or
6. the stocking of the protected variety for any of the purposes referred to in paragraphs
(1) to (5).
What does that mean for me?
A condition of the sale of a PBR/patent plant; (Sunbird Aloes) is that the buyer shall NOT propagate the plant in any way with the exception, of his/her private use.
That is the key point… you CANNOT sell them; should you intend on selling patented plants, think again.
Please be advised that you can and will be prosecuted - at the discretion of the Plant breeder.