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(2021)
SECTION 1
The objectives of this Act are to:
(a) promote increased staple crop productivity for smallholder farmers in Nigeria and encourage investment in plant breeding and crop variety development;
(b) promote increased mutual accountability in the seed sector; and
(c) protect new varieties of plants.
Objectives.
SECTION 2
This Act applies to:
(a) a breeder; and
(b) any plant genera and species.
Application.
SECTION 3
There is established the Plant Variety Protection Office (in this Act referred to as “the Office”) which is domiciled in the National Agricultural Seeds Council.
Establishment of Plant Variety Protection Office.
SECTION 4
(1) The Board shall appoint a fit and proper person as the Registrar on the recommendation of the Director-General.
(2) The Registrar shall have at least a master’s degree in plant breeding, seed science, agronomy or in related fields with a minimum of seven years cognate experience and shall perform the functions assigned to him by the Director-General.
(3) The Registrar shall be responsible for the day-to-day management and administration of the Office and answerable to the Director-General.
Appointment of Registrar.
SECTION 5
The Office shall:
(a) grant breeder’s rights;
(b) maintain a register and provide information on plant breeders’ rights issued in Nigeria;
(c) facilitate transfer and licensing of plant breeder’s rights;
(d) collaborate with local and international bodies whose functions relate to plant breeders’ rights matters; and
(e) perform other functions as are necessary for the furtherance of the objects of this Act.
Functions of the Office.
SECTION 6
(1) The Registrar shall maintain a breeders’ rights register in which the information required to be registered under this Act shall be entered.
(2) The information to be listed in the register for each registered variety shall include:
(a) the species and denomination of a variety;
(b) the full name and address of the: (i) applicant or holder of the breeder’s right, and (ii) person who bred or discovered and developed the variety, in case the person is different from the applicant or holder of the breeder’s right;
(c) the date and time of inception of the breeders’ right;
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