AFRICA: ARUSHA PROTOCOL FOR NEW PLANT VARIETY PROTECTION OFFICIALLY TAKES EFFECT

The Arusha Protocol for the Protection of New Varieties of Plants, a landmark initiative under the African Regional Intellectual Property Organization (ARIPO), officially entered into force on November 24, 2024. This transformative milestone comes nearly a decade after its adoption in Arusha, Tanzania, on July 6, 2015, and marks a new era in agricultural innovation and intellectual property protection in Africa.

The Arusha Protocol was ratified by Cape Verde, Ghana, Rwanda, and São Tomé and Príncipe (contracting states), with Ghana’s ratification on November 24, 2023, fulfilling the requirement for the Protocol to come into effect.

The Protocol allows for centralised registration of Plant Variety Rights (PVRs) through ARIPO, streamlining the process for plant breeders. For the first time, breeders can apply for plant breeders' rights centrally through ARIPO, reducing administrative complexity and increasing efficiency. These rights grant breeders exclusive control over the reproduction, sale, and distribution of their plant varieties, fostering innovation and ensuring breeders receive due recognition and rewards for their efforts.

The Protocol is aligned with the UPOV 1991 Convention (International Union for the Protection of New Varieties of Plants), which emphasizes the protection of breeders' rights while facilitating trade and access to improved plant varieties. It further includes limited exceptions allowing farmers to save and replant seeds, subject to remuneration for PVR holders.

Once granted, PVRs have uniform legal effect in the designated contracting states for 20 years, or 25 years for trees and vines. This system simplifies IP management while incentivizing the development of high-quality, resilient, and innovative plant varieties.

The implementation of the Arusha Protocol is a testament to ARIPO’s commitment to fostering innovation and sustainable development. By centralizing plant variety protection and aligning with international standards, the Protocol positions Africa to unlock its vast agricultural potential while addressing challenges like food security, climate resilience, and economic growth.

As ARIPO member states assess the Protocol’s benefits, its adoption by more countries could expand its reach, solidifying its role in driving agricultural innovation across the continent. The Protocol is not just a tool for breeders but a mechanism for creating a more prosperous, food-secure Africa.

For any queries or more information on the above, please contact:

Fredo Ströh
Director, Patent Department
fredos@kisch-ip.com 
+27 83 255 1221