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Protecting Plant Varieties (species)

How did the Egyptian law organize the protection of plant varieties? Plant varieties enjoy protection according to the rulings of law no. 82 for the year 2002, known as the law of Intellectual Property Rights, it protects derived plant varieties in Egypt if registered in the plants varieties record book which give them the right in protection.
With a decision made by the head of the council of ministers (cabinet), an office was established for the protection of plant varieties, this office receives applications to protect, examine and determine plant varieties according to the rules and procedures defined by the law, considering not to violate international agreements applied in Egypt.
It is stipulated to enjoy this protection, that the plant species must be new, with high quality, distinct, homogeneous, firm and has its' own name. This species has the right for protection if was put into the Egyptian market or circulated for no more than one year before the application. If the circulation was outside Egypt, the period must not exceed six years for trees and herbs, and four years for any other agrarian crops. It also has the right for protection if it was sold or was given the right for exploitation (usufruct) to others by its' owner.
The period of protection is 25 years for trees and herbs, and 20 years for any other agrarian crops. Protection starts from the date of grant, but the species is given temporary protection and ends with the announcement of granting or denying protection.
The owner receives a certificate that gives him the right to exclusive possession of his species, he has the right to exploit it in any way, no one has the right to produce, grow, circulate, sell, market, export or import it without written approval by its' owner. The new species receives protection if its' owner has developed it in a legitimate way according to the Egyptian law.
Protection doesn't prevent the following actions:
Non-trade activities and personal use.
Scientific experimentation and research.
Growing, hybridization and selection activities that aim for creating new species.
Educational and training activities.
Using or consuming the direct and final production of these species.
The office of protecting plant varieties according to the decision of the minister of agriculture and after the approval of the ministerial committee, it can provide compulsory license to use and exploit the protected species without the approval of its' owner in cases that meet general (public) interests or in case the owner has stopped producing it or refused to give the right for its' exploitation despite the availability of the offered conditions. The owner has the right to receive a fair compensation in return of giving others the right to exploit or use his species during the period of compulsory license, considering that the compensation must meet the economic value of the species.
The licensed body must be obligated with the compulsory license conditions, it cannot give up this license to anyone else or violate the owner's rights during the license period. The license ends with the end of the defined period, and it is canceled when the licensed body violates any of the license conditions.
The owner has the right to prevent other from exporting the protected species, if exporting leads to the proliferation of the species in a country where it is not protected. Nevertheless, the owner doesn't have the right to prevent exporting the protected species to any country if the purpose was consumption.
According to the ministerial committee, the minister of agriculture has the authority to prevent the owner from some or all of his stated rights in any way aiming to achieve public interest, especially n the following cases:
If the protected species has caused harmful effects on the natural environment, the safety of biodiversity, the agrarian sector or the life/health of human beings, animals or plants in Egypt.
If the protected species has caused harmful economic or social effects that hinder the local agrarian activities, or it has been used in a way that contradict with the society values and beliefs.
The plant varieties protection office issues the owners right certificate according to the procedures defined by the law and after paying a toll also defined by it, which mustn't exceed five thousand pounds, which is published by the owner in a monthly newspaper issued by the office. The people whose applications have been denied, are to be informed of this decision and its' reasons. These people have the right to complain and challenge this decision within 15 days of the date of announcement.
The owners right certificate is canceled when the species loses one or more of the granting conditions according to the regulations and procedures issued by the minister of agriculture, the owner must be informed about this decision in writing, and he has the right to complain or challenge this decision within 15 days of the date of announcement.
The implementation of the law, needs awareness about its' texts. Civil Society Organizations must practice this role and raise farmers awareness about the law of protecting intellectual property right, because these issues are o important they are raised nationally and internationally especially after the increase of the role of the monopoly companies in the issues of GMOs. Protecting natural resources is a common responsibility to protect the right in safe agriculture.