1.0 Introduction

Plant Variety Protection is a form of protection that grants the breeder exclusive control over the propagation material (including seed, cuttings, divisions, tissue culture) and harvested material (cut flowers, fruit, foliage) of a new variety for a number of years. Like any other form of intellectual property right such as patents, utility models, copyright, trademarks among other, the essence of Plant variety protection is to encourage creativity, innovations and attract investment in research. For a plant variety to qualify for protection under this form, it must meet the following criteria:

  • Novelty: Variety must not have been commercially released/ commercialized for more than one year in the country of protection;
  • Distinctiveness: Variety must be different from all other known varieties by one or more important botanical characteristics, such as height, maturity, color, etc.;
  • Uniformity: Variety must have consistent characteristics from plant to plant within the variety;
  • Stability:Variety must have genetically fixed characteristics and therefore remain the same from generation to generation, or after a cycle of reproduction in the case of hybrid varieties.

In addition, the breeder must give the variety an acceptable "denomination", which becomes its generic name and must be used by anyone who markets the variety.

Considering the above, Government of Uganda through the Parliament of the Republic of Uganda enacted the Plant Variety Protection (PVP) Act and was assented to by His Excellency the President on the 21st June 2014. The Act provides for promotion and development of new plant varieties and their protection as a means of enhancing breeders’ innovations and rewards through granting of plant breeders rights and for other related matters. It also provides that Certificates of protection shall be issued by the Plant Variety Protection Office for new, distinct, uniform, and stable varieties of plants with approval and guidance of the Plant Variety Protection Committee.

Additionally, section 48 of the PVP Act. 2014 mandates the Minister for Agriculture, Animal Industry and Fisheries to make regulations to give full effect to the provisions of the Act. It is against this background that the Ministry of Agriculture Animal Industry and fisheries (MAAIF) is seeking for an experienced consultant to guide the technical working group appointed by MAAIF in the development of the plant variety protection regulations and rules of practice, that are consistent with the PVP Act. 2014, providing proceedings for the implementation of the PVP Act. 2014 including the operations of the Plant Variety Protection Office and the Plant Variety Protection Committee.

Owing to the above, Government of Uganda, through the Directorate of Crop Resources and more specifically the Department of Crop Inspection and Certification, now wishes to hire consultancy services from individual(s) to develop and draft the Plant Variety Protection Regulations.

2.0 Objectives

The overall objective of the consultancy is to develop and draft Plant Variety Protection Regulations ready for submission to the Ministry of Agriculture, Animal Industry and Fisheries Top Policy Management Committee for consideration.

Specifically,

  1. To benchmark other countries PVP regulations and more specifically the East African region and align the Uganda’s draft regulations with them.
  2. To conduct wide level stakeholder’s consultations and collect views to enrich the PVP Regulations during the drafting processes.
  3. To develop, write and edit the regulations so that they conform to regional and internationally acceptable standards.
  4. Guide the Technical Working Group members during the review of the draft PVP regulations.

2.0 The Scope of Work

In drafting the Regulations, the Consultant(s) will have to consider the following;

  1. The PVP Office and PVP Committee Charter;
  2. There structural arrangement for the PVP Office (Including office’s functions, office bearers and requirements for office bearers;
  3. Plant Variety protection application and filing procedures (Including, General requirements, who may apply, how to apply, related forms, content of application, application procedure and handling of applications);
  4. Technical and formality examination of PVP applications;
  5. Procedures for granting and issuance of certificates for PVP rights;
  6. Response, and procedures for appeals and reexamination for refused applications (including time, notices, acceptance, refusal and reconsideration);
  7. Schedules for Plant Variety Protection fees and charges (amounts, methods of payment, refunds);
  8. Procedures for publication, opposition and revocation of the PVP applications;
  9. Issuance of certificate (how it is issued, contents and terms of the PVP, how to handle corrections);
  10. Procedures for enforcement of the PVP Right;
  11. Standard Operating Procedures for records (access to applications and office records, confidentiality in handling applications).

To achieve the above, the consultant is expected to accomplish with the following

In case of an international consultant;

  1. Work with one or more national consultant who will have a full time commitment to the consultant (full time national consultant)
  2. At least make two trips to Uganda to participate in both consultations and validation of the PVP Regulations
  3. Regularly communicate with both the Integrated Seed Sector Development Plus Project Chief of Party and Commissioner of Crop Inspection and Certification in Uganda.

Generally, the Consultant(s) will;

  1. Study and comprehend Uganda Plant Variety Protection Act.
  2. Conduct a desk review process to analyze all gaps in the Plant Variety Protection issues within Uganda;
  3. Conduct both regional and National consultations with key stakeholders to solicit views and include them in the draft regulations;
  4. Organize and facilitate the National validation workshop for the draft PVP Regulations;
  5. Regularly present to the PVP Regulations Development Technical Working Group that will oversee the drafting exercise;
  6. Develop and make available both the Draft Regulations and Consultation Report
  7. Prepare presentation slides for the draft PVP and
  8. Hand over the final PVP Regulation in both print and soft copy.

3.0 Deliverables

  1. An Inception Report clearly showing the methodology, timelines and budgets
  2. A draft set of PVP Regulations for validation
  3. A final Draft of PVP Regulations
  4. Consultation Report and Power Point Presentation slides

4.0 Reporting

The Consultant(s) shall, for all technical matters, report to the Commissioner Crop Inspection and Certification of the Ministry of Agriculture, Animal Industry and Fisheries. For the administration and contractual issues regarding the consultancy, the Consultant(s) shall liaise with the Chief of Party for ISSD in Uganda.

How to apply

Interested firms or individuals should submit their technical and financial proposal (quotation) in Uganda Shillings with three reference clients' email and telephone contacts to hr@issduganda.org not later than Friday, 28th November 2019.

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