Arusha Protocol for the Protection of New Varieties of Plants comes into force

On 24 November 2024 the Arusha Protocol finally came into force, almost 10 years after it was first adopted in Arusha, Tanzania on 6 July 2015. The Protocol aims to create a harmonised system across contracting ARIPO member states for the protection of plant variety rights (PVR’s), enabling applicants to apply for protection with the African Regional Intellectual Property Organization and allowing for uniform protection in the designated contracting states.

PVR protection for trees and vines will be granted for 25 years and the duration of protection afforded to all other plant varieties will be 20 years. The Protocol is largely based on the model created under the 1991 Act of International Convention for the Protection of New Varieties of Plants “UPOV 1991”.

There has been significant resistance to the UPOV 1991 and enabling legislation implementing it (such as the Protocol), with many interested parties being concerned that it will, ultimately, only benefit the interests of multinational seed companies and pose a threat to local farmers’ rights. In this regard the Arusha Protocol (similar to the position under the UPOV 1991) provides for a limited exception in terms of which farmers are allowed to save and replant certain vegetable and agricultural varieties, subject to payment to the PVR holder.

There are, however, those who welcome the development, arguing that it could, for example, lead to the development of more sustainable varieties that require less input and are more adaptable to the effects of climate change. In addition, it will give farmers improved access to better varieties which, in turn, will contribute to greater food security and stimulate economic growth.

Article 4(1) of the Protocol does make provision for a bit of a safety net, in that protection afforded to a variety will have uniform effect in all contracting states, provided that that a designated contracting state has not refused the grant. If a member state seeks to refuse a grant, it must notify ARIPO within 6 months of receiving notice of the application, and also provide grounds for the refusal.

At this stage only 4 for the 22 ARIPO member states have ratified the Arusha Protocol, being Cape Verde, Ghana, Rwanda and Sao Tome and Principe. Considering the polarising views that the Protocol has enjoyed to date, it will be interesting to see which of the remaining ARIPO members states will be willing to ratify the Protocol in the years to come.

Source: *Photography courtesy of Front cover of the Arusha Protocol

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