The Arusha Protocol for the Protection of New Varieties of Plants 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 new Cape Verde Industrial Property Code‍‍ having entered into force on 02 June 2026, which now provides for Plant Breeders’ Rights, it is possible to designate Cape Verde, Ghana and Rwanda in an ARIPO Plant Breeders’ Rights application. It is not yet possible to obtain Plant Breeders’ Rights (PBR) protection in São Tomé e Príncipe directly or via ARIPO as São Tomé e Príncipe has 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 Arusha 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.

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