Plant Breeders’ Rights Act, 2018: Commencement and Regulations

Posted 06 June 2025 Written by Acts Online
Category Agriculture, Land Reform & Rural Development

Brought to you by SA Legal Academy: The Plant Breeders’ Rights Act, No. 12 of 2018, has come into operation, introducing a modernized regulatory framework for the protection of new plant varieties in South Africa.

In terms of a Presidential Proclamation gazetted on 6 June 2025, the Plant Breeders’ Rights Act, No. 12 of 2018, officially commenced on 1 June 2025. This legislation repeals the Plant Breeders’ Rights Act, No. 15 of 1976, and aims to provide for the granting of rights, the protection of such rights, and the requirements for applications regarding plant varieties.

To give practical effect to the new statutory framework, the Department of Agriculture, Land Reform and Rural Development gazetted the Plant Breeders’ Rights Regulations on 13 June 2025. These regulations prescribe the administrative processes for applications, the technical requirements for variety testing, and the maintenance of the register of plant breeders’ rights.

On 11 July 2025, a further notice was gazetted in Government Gazette No. 52967 (Notice 6401) which replaced Table 2 of the regulations. This update establishes the revised fees payable to the Registrar for various services, including application fees, examination fees, and annual renewal fees, effective from 1 April 2025.

Key Regulatory Changes

  • Repeal of the 1976 Act and transition to the 2018 legislative framework.
  • Updated application procedures for the registration of new plant varieties.
  • Revised fee structures for the maintenance of intellectual property rights over plant varieties.
  • Enhanced provisions for the protection of breeders’ rights and enforcement mechanisms.

Click here to download the Plant Breeders’ Rights Regulations.

Click here to download the Revised Fee Notice (Table 2).

What this means for you, your business, or your clients

  • For yourself: Legal and compliance professionals must update their regulatory registers to reflect the repeal of the 1976 Act and the commencement of the 2018 Act as the primary authority for plant variety protection.
  • For your business: Firms involved in agricultural research and development must ensure that all pending and future applications for plant breeders’ rights comply with the procedural requirements and technical standards set out in the 2025 regulations.
  • For your clients: Clients holding existing plant breeders’ rights must adjust their budgets to account for the revised fee schedule in Notice 6401, ensuring that annual maintenance fees are paid according to the new rates to prevent the forfeiture of rights.

Originally published at https://legalacademy.co.za/news/read/plant-breeders-rights-act-in-force

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