COUNTRY : REPUBLIC OF COLOMBIA
CAPITAL : BOGOTA DC
LANGUAGE : SPANISH
Plant Varieties office in Colombia is managed by Instituto Colombiano Agropecuario (ICA)
• Paris Convention for the protection of Industrial Property.
• Agreement on Trade Related Aspects of Intellectual Property – TRIPS.
• Union for the Protection of New Varieties of Plants (UPOV)
Plant Breeders Rights in Colombia are protected by:
- Plant Breeders Rights Act
- Seeds Law
- Seed Certification Rules
The Act protects New Plant Varieties which are:
- Designated by proper denominations
Protection accorded by PBR:
i. Essentially Derived Varieties
ii. New Plant Varieties
The Act does not protect the denomination given to such variety, if the:
i. Proposed denomination is expressed in the form of numerals only.
ii. Denomination does not allow the variety to be identified.
iii. Denomination misleads or confuses the characters, value, identity of the variety and the identity of the breeder.
- Breeders & Discoverers of the new variety
- Heirs and Successors – in – title
• the name, address, nationality of the applicant, breeder and where applicable, the agent or representative
• details regarding identity of the breeder, country of origin of the plant variety
• features, qualities of the applied plant variety
• name of the plant variety and the generic origin
• geographical origin of the raw plant material
• certificates from such countries where protection sought by the applicant
• such other particulars (if any) as required by the authorities.
- Upon receipt of the application, a formalities examination is carried out to ensure compliance to form and content of the application.
- Technical examination of the variety is conducted.
- All relevant procedures regarding examination of the variety as prescribed by the National Authorities are carried out.
- Application being compliant with all the requisites is granted plant breeders rights.
Owners of the registered plant variety may:
• Produce and Reproduce the propagating material
• Make repeated use of the propagating material of the protected plant variety towards commercial production of another variety
• Condition the propagating material for the purposes of propagation
• Sale, Export, Import the material
• Assign, Sell, Transfer the material to other parties
• Stock the propagating material for all of the above acts
Duration of Registration:
20 yrs. – Vines, fruit bearing trees, forest trees including their grafts
15 yrs. - All other varieties.
Total Cost in Euro
Filing application for protection
Plant Variety rights owner’s certification
Amendments (Plant Variety rights application)
Registration of Compulsory Licenses
HEMOLOGATION, ADMINISTRATIVE COSTS AND SENDING TO ANOTHER AUTHORITY OF THE TECHNICAL
Exams made by Colombia
Extension of official terms
Technical concept issued by the expert (per hour)
Publication of application and owner’s certification
Payment of maintenance fees
Fourth year and further
Translation (per page)
OFFICIAL FEES WILL BE BILLED ACCORDING TO THE EXCHANGE RATE OF THE DOLLAR/ EURO AT THE DATE OF ISSUANCE OF THE INVOICE. ABOVE OFFICIAL FEES ARE APPROXIMATED
VAT shall be applicable in professional fee @ 16% as per Colombian Tax authority