The Arusha Protocol for the Protection of New Varieties of Plants was adopted by the Diplomatic Conference of the African Regional Intellectual Property Organization (ARIPO) in Arusha, Tanzania, on 6 July 2015.

Ghana was the fourth ARIPO Member State to ‘ratify’ the Arusha Protocol and the Arusha Protocol came into force on 24 November 2024. The ARIPO Member States that have ratified the Protocol are Cape Verde, Ghana, Rwanda, and São Tomé e Príncipe.

With the Protocol now in force, plant breeders can apply for plant breeders’ rights at ARIPO, which is empowered to grant breeders’ rights on behalf of the ARIPO Contracting States. However, presently, only Plant Breeders’ Rights in Ghana and Rwanda may be protected via the Arusha Protocol as Cape Verde and São Tomé e Príncipe have no PBR legislation.

Plant breeders’ rights have uniform effect within the territories of the designated ARIPO Contracting States where the breeders’ rights have been granted.

The duration of protection for plant varieties is:

  • 25 years for trees and vines
  • 20 years for all other plant varieties

The Protocol provides for certain exceptions to breeders’ rights. This includes a farmer’s right to use the product of the harvest – which the farmer has obtained by planting on the farmer’s own holdings – the protected varieties for non-commercial purposes within reasonable limits without the breeder’s prior authorisation.

As more ARIPO Member States accede to the Arusha Protocol, it will become a cost-effective option to protect new varieties of plants in the ARIPO member states that have PBR legislation.

Contact us for further information.