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Opportunities and Threats to Harmonisation of Plant Breeders' Rights in Africa: ARIPO and SADC

Opportunities and Threats to Harmonisation of Plant Breeders' Rights in Africa: ARIPO and SADC PETER MUNYI , BRAM DE JONGE and B. VISSER I. INTRODUCTION Africa's plant breeders' rights (PBRs) landscape currently consists of a few scattered national systems across the continent,1 and two regional regimes one under the umbrella of the Organisation Africaine de la Propriété Intellectuelle (OAPI), serving 17 mainly Francophone countries,2 and the other, under the African Regional Intellectual Property Organisation (ARIPO). The OAPI PBRs registration regime has been in place since 2006. However, the ARIPO instrument ­ the Arusha Protocol for the Protection of New Varieties of Plants (the Arusha Protocol) ­ was adopted in July 2015 and according to its Article 40(3) will enter into force 12 months after at least 4 countries deposit their instruments of ratification or accession. While no such instruments had been Peter Munyi is a Doctoral Researcher at the Law and Governance Group, Wageningen University, the Netherlands. Bram De Jonge is a Postdoctoral Researcher at the Law and Governance Group, Wageningen University, the Netherlands and Visiting Research Fellow at the Intellectual Property Unit, Faculty of Law, University of Cape Town. Bert Visser is the Director, Centre for Genetic Resources, The Netherlands. 1 These include Egypt, Kenya, Mozambique, South Africa, Tanzania, Morocco, Tunisia, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Opportunities and Threats to Harmonisation of Plant Breeders' Rights in Africa: ARIPO and SADC

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2016
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2016.0142
Publisher site
See Article on Publisher Site

Abstract

PETER MUNYI , BRAM DE JONGE and B. VISSER I. INTRODUCTION Africa's plant breeders' rights (PBRs) landscape currently consists of a few scattered national systems across the continent,1 and two regional regimes one under the umbrella of the Organisation Africaine de la Propriété Intellectuelle (OAPI), serving 17 mainly Francophone countries,2 and the other, under the African Regional Intellectual Property Organisation (ARIPO). The OAPI PBRs registration regime has been in place since 2006. However, the ARIPO instrument ­ the Arusha Protocol for the Protection of New Varieties of Plants (the Arusha Protocol) ­ was adopted in July 2015 and according to its Article 40(3) will enter into force 12 months after at least 4 countries deposit their instruments of ratification or accession. While no such instruments had been Peter Munyi is a Doctoral Researcher at the Law and Governance Group, Wageningen University, the Netherlands. Bram De Jonge is a Postdoctoral Researcher at the Law and Governance Group, Wageningen University, the Netherlands and Visiting Research Fellow at the Intellectual Property Unit, Faculty of Law, University of Cape Town. Bert Visser is the Director, Centre for Genetic Resources, The Netherlands. 1 These include Egypt, Kenya, Mozambique, South Africa, Tanzania, Morocco, Tunisia,

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Feb 1, 2016

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