News & insights

OAPI: Protecting New Plant Varieties

September 1, 2014

The African Intellectual Property Organization became the seventy-second member of the International Union for the Protection of New Varieties of Plants. The Convention
entered into force on July 10, 2014. Other members of UPOV in the MENA region are Jordan,
Morocco, Oman, Tunisia, and Turkey. The table below sums up information on Plant Variety Rights in MENA countries. It lists the countries where
Plant Variety Applications may be filed and the relevant Law in addition to the annuities and protection term of each application.

Country

Annuities

Protection Term

Cyprus

The implementing regulations of Law 21(I)/2004 have still not been issued yet.

Egypt

25 years from date of grant for trees andgrapevines, and 20 years for other agriculturalproducts

India

25 years from date of grant

Iran

18 years from the date of grant

Jordan

A maintenance fee is due annually and is payable during thefirst 4 months of each year following the year during whichthe plant variety is granted

25 years from date of filing for trees andgrapevines, and 20 years for other agriculturalproducts

Morocco

A maintenance fee is due annually on the anniversary of thedate of grant

20 years from date of grant for species of greatculture, and 25 years for species of arboricultureand vine

Saudi Arabia

A maintenance fee is due annually and is payable duringthe first 3 months of each year following the year the plantvariety application was filed with a further grace period of 3months (April-June) with payment of a surcharge

25 years from date of filing for trees andgrapevines, and 20 years for other agriculturalproducts

Tunisia

New plant variety certificates shall be subject to the paymentof an annual fee of which the amount and conditionsof payment and utilization shall be laid down by a Decree.

The breeders’ rights shall subsist for 20 years forordinary varieties and for 25 years for varietieswhere development of the production elementsnecessitates longer timescales. Those periods shallbegin to run as from the grant of the new plantvariety certificate.

Turkey

A maintenance fee is due annually and is payable in Januaryof each year following the date of grant

25 years from the date of grant for ornamentals,vegetables, and field crops, and 30 years from thedate of grant for trees, vines, and potatoes

UAE

The implementing regulations of Law 17/2009 have still not been issued yet.