SOUTH AFRICA Trends and Developments Contributed by: At van Rooy, Ursula Baravalle and Stuart Miller, KISCH IP
a market-oriented production system. This category includes vulnerable women and youths, child-headed households, persons with disabilities, farm dwellers, households producing in communal land and common- ages that are registered as indigents or meet the criteria for registration as indigents with their municipality. • Subsistence household producer: a producer that produces primarily for household con- sumption to meet daily dietary needs and is not classified as indigent by their municipality, does not meet the criteria to be registered as indigent with their municipality and may market limited surplus production. • Smallholder producer: a venture undertaken by an individual or business entity for the pur- pose of household consumption and to derive a source of income from agriculture activities along the value chain – these are usually new entrants in the agricultural sector. • Medium-scale commercial producer – a ven- ture undertaken by an individual or business entity for the purpose of deriving a source of income from agriculture activities along the value chain – these are established enterpris- es producing for the market to make a profit. • Large-scale commercial producer – a venture undertaken by an individual or business entity for the purpose of production and sale of agriculture products to make a profit – these are established enterprises producing for the market to make a profit. Prescribed maximum quantities of farm saved seed (excludes ornamental plants) have been introduced by the new Act, and conditions of legitimate farm saved seed have been intro- duced. In terms of the proposed regulations, a farmer included in Sub-Regulation (2)(d) and (e), and any other farmer who produces quanti- ties of protected varieties for the kinds of plants
listed in Regulation 6 in excess of the prescribed maximum quantities, may save for propagation purposes, on their own holding, the product of the harvest that they have obtained by planting, on their own holding, the protected variety of a kind of plant listed in Regulation 6 provided that such a farmer: • has legitimately obtained propagating mate- rial of the protected plant variety concerned; • notifies, in writing, the breeder or the holder of the plant breeders’ right of the protected variety concerned as to the volumes of saved propagating material thereof; • pays the breeder or the holder of the breed- ers’ right of the protected variety concerned a reasonable remuneration for using the saved propagating material thereof, in com- pliance with market conditions, an amount that is considerably lower than the level of remuneration of the purchased propagating material of the same variety in the Republic, and where the remuneration payable shall be agreed upon by the breeder or holder of the plant breeders’ right and the farmer in a written licence agreement in accordance with Section 34; and • preserves the identity of the protected variety at all times by clearly indicating on the label of any container containing saved propagat- ing material of a protected variety the (i) name of the kind of plant (crop); the variety denomi- nation (name) approved by the Act; and (iii) the name and address of the producer of the propagating material. Time limits will be introduced by the new regula- tions for the provision of plant material for tests and trials. Original documents submitted in support of the filing of an application must be submitted to the
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