Pretoria: The Department of Agriculture has announced the implementation of the new Plant Breeders’ Rights Act, 2018 (Act No. 12 of 2018) and its accompanying regulations, effective from 1 June 2025. This legislative update marks a significant shift in the management and protection of plant breeders’ rights within the country.
According to South African Government News Agency, the introduction of this Act follows President Cyril Ramaphosa’s formal proclamation, which was made after Agriculture Minister John Steenhuisen approved the associated regulations. This new Act, which repeals the Plant Breeders’ Rights Act, 1976 (Act No. 15 of 1976), was officially published in Government Gazette No. 52184 on 6 June 2025, with the regulations appearing in Government Gazette No. 52850 on 13 June.
The Act establishes a framework for granting plant breeders’ rights for certain plant varieties, detailing the necessary requirements for obtaining these rights, the extent and protection they provide, and the licensing processes involved. Key revisions in the Act include streamlined administrative procedures, expanded eligibility for protection to all plant genera and species, and revised protection periods-up to 30 years for fruit trees, vines, sugar cane, and potatoes, and 25 years for other crops. Additionally, the Act defines categories for farm-saved seed and establishes an advisory committee with diverse stakeholder representation.
The Department of Agriculture emphasized that the Plant Breeders’ Rights Act, 2018 (Act No. 12 of 2018) aligns with the government’s objectives to promote innovation in plant breeding and agriculture. The Act is designed to enhance food security, boost agricultural productivity, and support rural development. It is also anticipated to encourage investment in plant breeding, foster job creation, and support economic growth.
The full text of the new Plant Breeders’ Rights Act, 2018 (Act No. 12 of 2018) and its regulations is available on the Department of Agriculture’s website at: https://www.nda.gov.za