Kenya

PVP Office Contact Information

Kenya Plant Health Inspectorate Service (KEPHIS)
Headquarters, Oloolua Ridge, Karen
Waiyaki Way
P.O. Box 49592-00100
Nairobi
Kenya

Tel +254 20 661 8000
Cell:+254 709 891 000
E-mail: director@kephis.org ; pbr@kephis.org
Website: http://www.kephis.org

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?

No requirements have been notified by the PVP Office.

Application data

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

Confirmation will be sent via UPOV PRISMA that the application has been successfully sent to KEPHIS.

After that, KEPHIS Officers in charge will contact the applicant to inform about the necessary fees payable and the subsequent processes thereafter (the PVP Office requires a signed copy of the submitted application data in hard copy, this could be send by regular mail- post). The filling date is given upon receipt of the online application and application fee. The signed hard copy is needed only for legal purposes, not for assigning application dates.

Plant Material

When applicable, where should I send the plant material?

For applications whereby the authority has to conduct DUS Testing, planting material enough for two growing cycles as indicated in the UPOV Test Guideline for each variety is to be submitted to:

Plant Variety Protection Office
Kenya Plant Health Inspectorate Service
Ololua Ridge, Karen off Ngong’ Road
P.O. Box 49592 – 00100
Nairobi, Kenya

Payment

How and when do I pay the PVP application fee?

The PVP Office will inform the applicant of the necessary fees payable and the subsequent processes thereafter via e-mail.

The PVP Office wishes to clarify that PBR applications not accompanied by payment are regarded as incomplete applications.

Will I receive confirmation that the payment has been received?

The PVP Office will acknowledge receipt of the dully filled application and the payment by email.

Agent / Local Representative

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

An agent isn’t mandatory; the applicant may contact the PVP Office directly. To help with the administration of logistics with the PBR office, it is advised that the applicant appoints a local representative or agent.

The PVP Office does not accredit agents with its territory; however, there are trusted legal representatives whom are sourced and appointed by the applicants wishing to protect their varieties.

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.)

Application filing date is considered as the date the complete application including the application fee is received by the PVP Office. The signed hard copy is needed only for legal purpose not for assigning application dates.

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?

Yes. The applications must be filed from December 1st to February 15th (cycle 1) and July 1st to October 31st (cycle 2). The dates also apply to submission of DUS planting material.

Dates for submission when there is a need for DUS examination:

Application deadlines are set at February 15^th (cycle 1) and August 31^st (cycle 2) each year if the variety being applied protection for has to undergo DUS Testing carried out by the PVP Office . For an application to be accepted in cycle 1 or cycle 2 it has to be received at least 60 days prior to guarantee the publication in Gazette.

Dates for submission when there is an existing DUS Report:

For varieties that the DUS report will be purchased from another authority where the DUS examination has been conducted previously, no deadline applies and applications can be received throughout the year.

Dates for submission when there is a need to do DUS examination abroad (i.e. in another UPOV member):

For varieties where a DUS examination is needed and will be performed outside of Kenya, application deadlines will be according to the selected authorities for DUS examination.

Additional requirements

Are there any additional requirements?

The PVP Office will email the applicant if there are any additional requirements to be met and or missing/incorrect information given.