Plant Breeder's Rights (PBR), also sometimes called Plant Variety Rights (PVR), grant exclusive control over the propagating and harvested material of a new plant variety to its breeder. Although on the spectrum of Intellectual Property Rights, PBRs are often an overlooked IP right. They are, however, extremely important as they confer exclusive rights that can be used for the breeder's commercial benefit.
This is especially true in countries that have a big reliance on agriculture, like Zimbabwe. In Zimbabwe, PBRs are governed by the Plant Breeders' Rights Act. Unlike most forms of Intellectual Property, whose administration falls under the Ministry of Justice, the administration and registrations of PBRs in Zimbabwe fall under the Ministry of Agriculture.
Although protection of PBRs at the international level can be obtained through the Union for the Protection of New Varieties of Plants (UPOV), which administers an international system for reciprocal protection, not all countries are members of UPOV. Zimbabwe is one of the countries that is not yet a member of UPOV. In recent years, the African Regional Intellectual Property Organization (ARIPO) created the Arusha Protocol for the Protection of New Varieties of Plants. The Protocol aims to allow plant breeders to protect their new plant varieties across multiple African countries with a single application. Despite being adopted as an official Protocol in 2015, the Arusha Protocol only came into effect on 24 November 2024 when it was ratified by the necessary number of Member States. As of the date of this article, the contracting states to the Arusha Protocol include Cabo Verde, Ghana, Rwanda, and São Tomé and Príncipe. Zimbabwe is not yet a member of the Arusha Protocol. As such, PBR rights in Zimbabwe can only be secured under local law.
Obtaining a PBR registration is crucial, as it enables the breeder to confidently enter into commercial agreements that exploit their plant variety, while also providing legal remedies in the event of an infringement of their rights. Plant breeders seeking protection in Zimbabwe must continue to seek registration under national law.
Over the years, our firm has gained extensive experience in handling PBR applications locally and is well-positioned to assist clients in navigating the registration process effectively. For detailed information on PBR protection in Zimbabwe, please feel free to contact our firm.
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.
