Intellectual property rights for plant breeders in Jamaica will be introduced when the Ministry of Industry, Investment, and Commerce finalizes the New Plant Varieties (Rights of Breeders) Bill and makes it law. This was disclosed by portfolio minister Senator Aubyn Hill, who said the pending legislation is close to being finalized.
He was speaking during the Jamaica Intellectual Property Office webinar on ‘Plant Variety Protection and the Cannabis Industry’ last Thursday. Senator Hill explained that the new legislation will allow plant breeders who have developed new varieties to apply to register these and secure the rights. “Under the new law, in order for a plant breeder to be granted a plant breeder’s right for a new plant variety, that variety will have to be new, distinct, uniform, and stable,” he said.
The minister also advised that the legislation will make provisions for the rights of the breeder, as well as the scope, duration, and exceptions to those rights. Senator Hill said persons or entities holding a plant breeder’s rights certificate will be able to exclude others from marketing or selling a registered plant variety, and control and manage how other breeders and growers use their protected variety.
“New plant varieties may be commercialized by licensing the sale of propagating material to ensure that there are financial benefits for the breeder, similar to what now obtains with the use of trademarks, patents and other intellectual property rights,” he noted.
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