COUNTRY : ARGENTINA REPUBLIC
CAPITAL : BUENOS ARIES
LANGUAGE : SPANISH
INTERNATIONAL TREATIES TO WHICH ARGENTINA IS SIGNATORY
- 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 LEGISLATION:
Plant Breeders Rights in Argentina are protected by:
- Plant Breeders Rights Act
- Bioprospecting Legislation with access and benefit sharing provisions Plant Variety Protection
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
The Act protects New Plant Varieties which are:
- Novel – Distinct
- Designated by proper denominations
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS:
Protection accorded by PBR:
New Plant Varieties or Undisclosed Varieties such as varieties being identified for the first time are protected.
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The Act does not protect the denomination given to such variety, if the:
- Proposed denomination is expressed in the form of numerals only.
- Designation of the proposed plant variety is not different from existing plant varieties.
- Designation misleads or confuses regarding the essential characteristics of the proposed plant variety.
- Third parties having prior rights over the proposed denomination.
- Difficulty in recognising the denomination and reproduction of the variety
- Proposed variety identical or confusingly similar to other denominationsParityPatents Law Firms through its Attorney and Law Firms in Argentina is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
Breeders & Discoverers of the new variety are offered protection.
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
Application made for protection under the Act is to be in the form of a sworn statement and to contain the following requisites:
- Name, address, of the applicant, breeder along with his representative if applicable
- Name, address, professional registration number of the agronomist sponsoring the registration
- Proposed name of the variety
- Common and Scientific names of the variety
- Locality and Area where the variety was bred
- Details regarding morphological, physiological, health, physico – chemical features and phonological aspects of the variety
- Industrial, technological properties, drawings, photographs and such other means of illustrating the morphological aspects of the variety
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
- Upon receipt of the application, a formalities examination is carried out to ensure compliance to form and content of the application.
- Substantial examination regarding form and substance of the application is then carried out.
- Technical examination of the variety is conducted.
- All relevant procedures regarding examination of the variety as prescribed by the Authorities are carried out.
- Application being compliant with all the requisites and satisfying the authorities regarding its registrability is registered and plant breeders rights issued.
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
Protection to the applied variety is granted for 20 yrs. for all species. Shorter periods to be specified by the authorities, depending on the nature of the species.
Owners of the registered plant variety may carry out the following:
- Production or reproduction;
- Conditioning for the purposes of propagation;
- Offering for sale;
- Sale or any other form of marketing;
- Advertising, display of samples;
- Exchange, transfer and any other form of commercial transaction;
- Stocking for any of the purposes mentioned in subparagraphs (a) to (h);
- Any other delivery, in whatever connection
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
Authorities may issue compulsory licenses of the registered plant variety when breeders incur abusive monopoly regarding exploitation and marketing of the new variety.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Argentina, can assist you comprehensively with PBR Compulsory Licence matters.