The Law on Seed Management and Plant Breeder's Rights (2008), along with subsequent regulations (Prakas on the management and registration procedure for the protection of new plant varieties in 2020; Inter-Ministerial Prakas on the Protection of New Varieties of Crops in 2021), provides a clear path for obtaining protection for new plant varieties.
Building on this progress, in March 2024, Cambodia's Ministry of Industry, Science, Technology & Innovation (MISTI) reached a significant milestone by announcing it is now accepting applications for Plant Breeder's Rights. This exciting development underscores Cambodia's commitment to agricultural innovation and cultivating new and improved plant varieties.
- Eligibility for Protection
For a new plant variety to be eligible for protection in Cambodia, it must meet four key criteria: (1) Novelty, (2) Distinctness, (3) Uniformity, and (4) Stability.
- Application Requirements
To apply for plant variety protection, breeders must submit:
- Application form
- Technical Questionnaire
- Photos of the variety or Material (seed)
- Any necessary information and documents relevant to the New Variety including documentation, evidence, information of the protection in foreign countries.
- Priority claims (if any) within 12 months of the date of filing of the earliest application
- The Protection Process
The process involves collaboration between two key Government Ministries:
- Ministry of Industry, Science, Technology and Innovation (MISTI): MISTI will receive and review applications, conduct formality checks, search for prior art to assess Novelty and publish the application.
- Ministry of Agriculture, Forestry and Fisheries (MAFF): MAFF takes the lead in the technical examination of the plant variety, conducting thorough assessments to confirm its Distinctness, Uniformity, and Stability (DUS).
- Duration of Protection
The duration of protection varies depending on the plant type:
- Trees and Vines: 25 years from the date of grant.
- Other Plants: 20 years from the date of grant.
On 10 February 2025, Rouse attended a workshop conducted by MISTI and MAFF on the proposed amendment of the Law on Seed Management and Plant Breeder's Rights. This initiative aims to align the legislation with the UPOV Convention to strengthen Plant Breeder's Rights further and expand the scope of protection. These amendments to the Law on Plant Breeder's Rights are expected to enter into force in 2026.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
