ADVOKS GLOBAL · KENYA
Seeds and Plant Varieties Act
7. Index of names of plant varieties
Edition: 2022-12-31 · In force
7. Index of names of plant varieties
(1)The Cabinet Secretary may, in accordance with the provisions of this section, cause to be prepared an index of names of plant varieties for use in connexion with the sale of seeds of those varieties.(2)The Index shall be compiled in sections, and each section shall define the class of plant varieties to which it relates in such terms as to make it possible to determine whether any plant variety belongs to the class or not, irrespective of whether that variety is for the time being in the Index or not.(3)Different sections of the Index may be prepared, and may be brought into force, at different times.(4)Notice of the coming into force of a section of the Index, and of all additions, corrections and erasures in a section of the Index after it has come into force, shall be published in the Gazette, and in such other manner as is appropriate for ensuring that persons particularly concerned with the Index, or with the class of plant varieties to which the section of the Index relates, have their attention drawn to it.(5)After a section of the Index has come into force, any person who, in selling seed of a plant variety for which a name is given in that section, uses some name not given in the Index for that plant variety, being a name which serves or is intended by him to serve to distinguish the seed from seed of other plant varieties within the class to which the section relates, shall be guilty of an offence.(6)The Cabinet Secretary may, for the purposes of this section, arrange for the establishment of a reference collection of plant material.(7)The First Schedule to this Act shall have effect as to the procedure for compiling the Index and the other matters therein mentioned.(8)In this section and sections 8 and 9 and the First Schedule to this Act —"class" means a class of plant varieties to which a section of the Index relates;"name" includes any designation, and for the purposes of those provisions, a plant variety shall not be regarded as distinct from another plant unless it is sufficiently distinguishable by one or more of such important characteristics as may be prescribed.