ADVOKS GLOBAL · KENYA
Seeds and Plant Varieties Act
22. Maintenance of reproductive material
Edition: 2022-12-31 · In force
22. Maintenance of reproductive material
(1)The provisions of this section shall apply in relation to all plant varieties.(2)Every holder of a plant breeder’s rights shall ensure that, throughout the period for which the rights are exercisable, he is in a position to produce to a Service reproductive material which is capable of producing the variety to which the rights relate with the morphological and physiological and other characteristics taken into account when the rights were granted in respect of the variety.(3)It shall be the duty of every holder of plant breeder’s rights to afford to an authorized officer all such information and facilities as such officer may request for the purpose of ascertaining whether such holder is fulfilling his obligation under subsection (2) of this section, including facilities for the inspection of the measures taken for the preservation of the plant variety.(4)If at any time the Cabinet Secretary is satisfied that any holder of plant breeder’s rights—(a)has failed to comply with any request made under subsection (3); or(b)is no longer in a position to fulfil his obligations under subsection (2) of this section,he shall cancel the grant of such rights.