Cabinet approves drafting of new law to protect plant species rights

The Cabinet of Ministers on Monday approved drafting a new legislation aimed at protecting the rights of plant species, addressing a long-standing legal gap in the country’s intellectual property framework. 

Although the existing Intellectual Property Act No. 36 of 2003 includes legal provisions for publishing rights, technical planning, patents, trademarks and business rights, it currently lacks coverage for the protection of rights related to plant species.

This omission has posed challenges for plant breeders, researchers and farmers who have no legal framework to secure their work and innovations in the field of plant development.

Under the current Act, no patents can be issued for flora and fauna further underscoring the need for a separate legal mechanism to protect plant-related intellectual rights.

On 22 May 2024, the previous Cabinet had approved the introduction of a new Act to address this issue. However, the Legal Draftsman recently highlighted that updated policy approval from the newly appointed Cabinet was necessary to proceed with finalising the draft.

The proposal to this effect submitted by the Agriculture, Livestock, Lands and Irrigation Minister K.D. Lalkantha to formally proceed with drafting the new legislation was approved by the Cabinet of Ministers.