Plant breeders’ rights

I am a farmer and amateur plant breeder. I developed a new variety of maize that is more resistant to drought. I heard that in some countries, breeders can get legal rights over their plant varieties. I want to know if Tanzania has such a law. Can I protect my new maize variety here? Please guide me.

FG, Morogoro

Congratulations on your innovation. Yes, Tanzania has a specific law for this. The Plant Breeders’ Rights Act, Cap. 344 [R.E. 2023] provides for the grant and protection of plant breeders’ rights. This law establishes the Plant Breeders’ Rights Office, which administers applications and grants rights to breeders. Under the Act, a breeder who develops a new plant variety can apply for exclusive rights if the variety is novel (not previously exploited commercially); distinct (clearly different from existing varieties); uniform (consistent in its characteristics); and Stable (traits remain unchanged after repeated propagation).

Once granted, plant breeders’ rights give the holder exclusive control over the production, sale, and distribution of the variety for a specified period (usually 20–25 years, depending on the crop). This means others cannot commercialise your maize variety without your authorisation. The law also balances breeders’ rights with farmers’ rights. Smallholder farmers may save and reuse seeds for personal use, but commercial exploitation requires the breeder’s consent. Therefore, if your maize variety meets the criteria, you can apply for protection under the law. This will not only safeguard your innovation but also allow you to benefit financially from licensing or selling the variety. Consult your lawyer for further guidance.