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No. 53
2012 Seeds and Plant Varieties (Amendment)
(i)
by deleting the word "authorized" appearing
in the introductory portion and substituting
therefor the word "permitted";
(ii) by deleting the word "authorises" appearing
in paragraph (a) and substituting therefor the
word "permits";
(iii) by deleting the word "authorities"
appearing in paragraph (b) and
substituting therefor the word
"permits".
18. The principal Act is amended in section 21—
(a) by deleting subsection (3);
(b) by adding the following new subsections at the end
of the section—
(7) The breeder's right shall not extend to
acts concerning any material of the protected
variety, or of a variety covered by the provisions
of section 20 (1) (a) which has been sold or
otherwise marketed in Kenya by the breeder or
with his consent, or any material derived from the
said material, unless such acts—
(a) involve further propagation of the
variety in question; or
(b) involve an export of any material of the
variety, which enables the propagation
of the variety into a country which does
not protect varieties of the plant genus or
species to which the variety belongs,
except where the exported material is for
final consumption purposes.
(8) For the purposes of paragraph (a),
"material" in relation to a seed or plant variety
means—
(a) propagating material of any kind;
Amendment of
section 21 of Cap.
326.