In Ghana, plant breeders can obtain legal protection for new and distinct varieties under the Plant Protection Act, 2020 (Act 1050) [read Act here]. This gives exclusive control over the propagation and commercialization of new plant varieties.
Application Procedure
To register Plant Breeders’ Rights in Ghana, an applicant must file with the Registrar of Plant Breeders’ Rights. Applications should include:
- Applicant’s details
- Name of the variety
- Generic designation proposed of the variety
- Technical description of the variety
- Documentation/description/material required for examination
- Right of priority (if any)
The variety is subject to examination and testing by authorities. Provisional protection can be requested during the application period, allowing breeders to enforce rights even before final approval.
What Makes a Plant Variety Registrable?
- To qualify for protection in Ghana, a plant variety must be:
- New – Not commercially exploited before the filing
- Distinct – Clearly different from existing varieties
- Uniform – Consistently replicable
- Stable – Maintains traits over generations
Duration of Rights
Once granted, plant breeders’ rights in Ghana last for:
- 25 years for trees and vines
- 20 years for all other plant varieties
Why Register?
- Gain exclusive rights to reproduce and sell the variety
- Prevent unauthorised propagation
- Enable licensing and royalty agreements
Costs & Support
The registration cost varies based on crop type and technical examination requirements. VE Legal offers competitive rates and expert support to help breeders secure their intellectual property.
