South Africa

PVP Office Contact Information

The Registrar
Department of Agriculture, Forestry & Fisheries
Directorate: Genetic Resources
Harvest House Room 253/252
30 Hamilton Street
Arcadia
Pretoria 0001
South Africa

Tel. (27-12) 319 6214, 319 6096, 319 6084
Fax. (27-12) 319 6298
E-mail: AndaniMA@dalrrd.gov.za ElnaDB@daff.gov.za
Website: https://www.nda.gov.za/index.php/publication/371-plant-breeders-rights-about

Specific requirements in relation to UPOV PRISMA

Are there any specific requirements in relation to UPOV PRISMA that are not required when filing an application directly to the PVP Office?

A wet ink signature is required in relation to the application and technical questionnaire, as well as the Proxy, as soon as possible after the submission of application data via UPOV PRISMA.

Application data

Will I receive confirmation that my application data has been received successfully?

An original signed copy must be sent within 3 months via courier services.

Plant Material

When applicable, where should I send the plant material?

In the case of potatoes, trees and vines, the required amount of plant material must be made available within 5 years from the filing date. In the case of all other crops, the required amount of seed/plant material must be delivered to the office of the Registrar within 24 months from the filing date.
If an applicant/agent is unable to comply, a request for an extension to provide such material must be submitted to the Registrar.

Seed Crops and/or vegetative propagating material:

Seed and/or vegetative propagating material to be delivered at:

Office of the Registrar

Directorate: Genetic Resources, Division Plant Breeders' Rights
Harvest House Room 252 or 253
30 Hamilton Street
Arcadia, Pretoria 0001

Where applicable seed and/or vegetative propagating material to be delivered at (in that case, instructions will be given by the registrar/officer):

Dept. of Agriculture, Forestry & Fisheries
Stellenbosch Evaluation Centre [Vredehuis]
Polkadraaiweg
Stellenbosch
7599

Fruit & Ornamental Crops

For fruit and some ornamental crops, South Africa has a breeder based system where the applicant performs DUS according to official instructions on his premises. Officials visit the trial sites during the growing cycle.

In that case, instructions will be given by the Registrar/officer.

Note from the PVP Office:

For certain crops, sample material to be made available before the closing dates as determined by the Evaluation Centres (see applicable crops and deadlines of submission of plant material available at: https://www.nda.gov.za/index.php/publication/371-plant-breeders-rights-about, or get in contact with the PVP Office)

Payment

How and when do I pay the PVP application fee?

Payment should be made before application data submission (proof of payment to be uploaded in UPOV PRISMA).

BANKING DETAIL:

BANK: STANDARD BANK
BRANCH NAME: PRETORIA
BANK ADDRESS: 12 CHURCH SQUARE, PRETORIA, GAUTENG, SOUTH AFRICA
BRANCH CODE: 0100450
ACCOUNT NUMBER: 010070486
ACCOUNT NAME: DOA: PBR REGISTRATIONS
TYPE OF ACCOUNT: BUSINESS CURRENT ACCOUNT (CURRENT)
SWIFT CODE: SBZAZAJJ
IBAN NUMBER: 0100450
REFERENCE: COMPANY’S NAME / INVOICE NUMBER

Will I receive confirmation that the payment has been received?

If an application is received without a proof of payment, an invoice will be sent via e-mail to the relevant applicant/agent. Once the proof of payment is received, the application will be registered and the applicant/agent informed via official letter sent via e-mail, the original posted.

Agent / Local Representative

Do I need an agent or local representative in the country, if I am not a resident?

In South Africa, an agent/local representative must be appointed, for non-resident applicants.

In case you need to find an agent/ local representative, you can contact the PVP Office.

UPOV PRISMA Note: Agents that have already created an AGENT Account in UPOV PRISMA can indicate the territories in which they operate. Those agents will appear in a list. In cases where agents need to be accredited by the PVP Office, the agents will only be added to the list of agents available in UPOV PRISMA after the PVP Office has confirmed that the necessary accreditations have been given.

Filing Date

What is considered to be the filing date? (Note: For instance, are there any documents that the applicant must submit to the PVP offices in addition to the application form in PRISMA and the documents required in the application form in PRISMA. If so, please indicate such documents. Are there any documents that the applicant must send in paper format to the PVP Office. If so, please indicate such documents.)

In order to secure a filing date, applications must be e-mailed to the PVP Office, with the original signed documents to follow within three months, including the following:

signed PBR application form
signed technical questionnaire relevant to the crop
proxy from applicant & assignment from breeder [if relevant]
proof of payment

On the date the application complies with the above-mentioned, that would be the filing date.

UPOV PRISMA Disclaimer: The authority entrusted with the task of granting breeders’ rights (PBR authority) retains full responsibility in relation to the requirements concerning the filing date of applications in accordance with the legislation of the member of the Union concerned.

Dates for submission

For testing or plant material purposes, are there dates for the submission of applications?

There are no deadlines for submission of applications in South Africa. However, due to the planting seasons for the crops, submission of plant material for a particular season must have reached the PVP Office of the registrar by the cut-off date (please see information available at https://www.nda.gov.za/index.php/publication/371-plant-breeders-rights-about, or get in contact with the PVP Office)

Additional requirements

Are there any additional requirements?

No additional requirement had been notified to UPOV PRISMA at the time of issuing this information but please consult the PVP Office for the latest situation.