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SANSOR received the mandate from its membership to contract Agri Inspec at the 2001 Annual General Meeting. The primary aim of this agreement was to investigate infringements of plant breeders’ rights, as well as transgressions of the Plant Improvement Act, with emphasis on the Seed Certification Schemes. Agri Inspec had subsequently been contracted for this purpose since 1 March 2002.

Agri Inspec set the following as their main objectives:

  • Identify and investigate transgressions of the Plant Breeders’ Rights Act, as well as the Plant Improvement Act;
  • Prioritize suspects and to process cases for further legal action; and
  • Compile an information network for future preventative actions.

During the period under review Agri Inspec investigated eight major cases, of which three were registered as criminal cases. The other cases were concluded in an amicable manner or were still under investigation. Several minor complaints were also followed up.

As the ultimate objective of the seed trade was to stop or limit illegal seed sales and not necessarily prosecute per sé, a subsequent phase was implemented during which the public was generally informed about the involvement of Agri Inspec in the seed trade. This was done by means of several radio interviews on appropriate radio stations.

A handy spin-off derived from the SANSOR/Agri Inspec agreement was the deletion of unnecessary or obsolete varieties from the national variety list, as well as the cancellation of outdated plant breeders’ rights. The reason for this was the funding system for Agri Inspec according to which SANSOR members had to pay a levy on individual varieties listed on the national list and/or registered for plant breeders rights. This initiative significantly reduced the workload for statutory Variety Control, as well as facilitated the process to get new varieties listed and/or registered for plant breeders’ rights.

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