Overview

This Proclamation establishes a legal framework for protecting plant breeders’ rights in Ethiopia, replacing the previous Proclamation No. 481/2006. It aims to encourage new plant variety development while balancing breeders’ rights with farmers’ traditional practices and public interest.

Key words and phrases

Plant breeder’s right, New plant variety, Protected variety, Distinctness, Uniformity, Stability, Novelty, Essentially derived variety, Farmers’ or pastoral communities’ variety, Small holder farmer, Commercial marketing, Non-commercial marketing, Farm-saved seed, Propagating material, Botanical seed, Genotype, Breeder, Ministry of Agriculture and Natural Resource, Provisional protection, Compulsory licensing, Prior informed consent, Benefit-sharing agreement, Register of Plant Breeders’ Rights

Key Provisions

1. Protection Criteria for Plant Varieties

A plant variety must meet four requirements:

• Distinctness: Clearly distinguishable from known varieties
• Uniformity: Sufficiently homogenous in its characteristics
• Stability: Maintains distinctive features through repeated reproduction
• Novelty: Not commercially marketed in Ethiopia for >1 year (or >6 years for trees/vines, >4 years for other species abroad)

2. Breeder’s Rights Scope

Right holders have exclusive rights to:

• Sell or license others to sell protected seed/propagating material
• Produce or license others to produce for market

These rights extend to:

• Essentially derived varieties
• Varieties not clearly distinguishable from the protected variety
• Varieties requiring repeated use of the protected variety

3. Farmers’ Rights

Smallholder farmers can:

• Save, use, exchange, and sell farm-saved seed (non-commercial)
• Save and use seeds of food crops supporting their livelihoods

4. Exemptions

No breeder’s rights apply to:

• Non-commercial or private use
• Experimental, research, or educational purposes
• Breeding other varieties

5. Access and Benefit-Sharing

Breeders using farmers’ varieties, wild relatives, or community knowledge must:

• Obtain prior informed consent
• Conclude benefit-sharing agreements

6. Restrictions and Compulsory Licensing

The Ministry may:

• Restrict rights for public interest (food security, public health, biodiversity)
• Grant compulsory licenses when breeders fail to meet public demand
• Require reasonable compensation to right holders

7. Duration

• 20 years for annual crops
• 25 years for trees, vines, and other perennials

8. Application Process

• Written application to the Ministry of Agriculture
• 14-day preliminary determination
• Provisional protection granted during examination
• Public opposition period
• Fee payments required

9. Infringement and Remedies

Infringement occurs when protected variety is used without authorization. Remedies include:

• Cessation of infringing acts
• Reasonable compensation
• Seizure of unauthorized harvested material
• Criminal liability

10. Administrative Structure

The Ministry of Agriculture and Natural Resource handles:

• Receiving and examining applications
• Conducting DUS (Distinctness, Uniformity, Stability) testing
• Maintaining the Register of Plant Breeders’ Rights
• Investigating infringement claims

Key Balance Points

• Breeders vs. Farmers: Protects breeders’ commercial rights while preserving farmers’ traditional seed-saving practices
• Innovation vs. Access: Encourages new varieties while allowing compulsory licensing for public interest
• International Alignment: Harmonizes with international practices while considering local contexts
• Biodiversity Protection: Requires compliance with access and benefit-sharing laws