BOLIVIA

• INTERNATIONAL TREATIES TO WHICH BOLIVIA IS SIGNATORY

  • International Treaties to which Bolivia is signatory for the protection of Plant Breeders Rights.

    • 1. SEED TREATY OR PLANT TREATY – ITPGRFA – The International Treaty on Plant Genetic Resources for Food and Agriculture.
      2. TRADITIONAL KNOWLEDGE – International Treaty on Plant Genetic Resources for Food and Agriculture
      3. CONVENTION ON BIOLOGICAL DIVERSITY And BIO SAFETY.
      4. CARTAGENA PROTOCOL on Bio Safety
      5. NAGOYA PROTOCOL on Access and Benefit Sharing & Liability and Redress. Bolovia is not a member for Liability and Redress.
      6. SANITARY & PHYTOSANITARY MEASURES, TECHNICAL BARRIERS to TRADE AGREEMENT – TBT & SPS
      7. INTERNATIONAL UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS – UPOV.
• PLANT BREEDERS RIGHTS LEGISLATION

  • Plant Breeders Rights in Bolivia are protected by:

    • Plant Breeders Rights Act
    • Seeds Law – Bioprospecting Legislation with access and benefit sharing provisions
    • Plant Variety Protection
• PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS

  • Protection accorded by PBR:

    1. Essentially Derived Varieties
    2. New Plant Varieties
• PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS>

  • The Act does not protect the denomination given to such variety, if the:

    1. Proposed denomination is expressed in the form of numerals only.
    2. Designation of the proposed plant variety is not different from existing plant varieties.
    3. Designation misleads or confuses regarding the essential characteristics of the proposed plant variety.
    4. Third parties having prior rights over the proposed denomination.
    5. Difficulty in recognising the denomination and reproduction of the variety
    6. Proposed variety identical or confusingly similar to other denominations
    7. Denomination causes hindrances in the free use of the variety post protectionParityPatents Law Firms through its Attorney and Law Firms in Bolivia is at hand to help you with PBR protection and registration.
• WHO MAY APPLY FOR PLANT BREEDERS RIGHTS
  • 1. Breeders & Discoverers of the new variety
    2. Employers
    3. Heirs and Successors – in – title
• FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT BOLIVIA

  • Application made for protection under the Act to contain the following requisites:

    • the name and address of the applicant and breeders
    • application to refer to a single plant variety
    • all documents to be submitted in Portuguese
    • voucher towards payment of fees towards the filing of the application
    • the botanical species
    • name of the plant variety and the generic origin
    • such other particulars (if any) as  required by the authorities.
• 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 National Authorities are carried out.
    • Application being compliant with all the requisites is published in 3 national daily newspapers.
    • Interested third parties may file objections to the application within 30 days from the date of publication.
    • If there are no objections, or objections overcome successfully, application is registered and Plant Breeders Rights issued to the applicant / breeder.
• BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS

  • The Act protects New Plant Varieties which are:

    • Novel
    • Distinct
    • Uniform
    • Stable
    • Designated by proper denominations
• RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT

  • Duration of Registration:

    25 yrs. – Vines, fruit bearing trees, forest trees including their grafts

    20 yrs. – All other varieties

    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
• COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT

  • Compulsory Licenses:

    Authorities may issue compulsory licenses in the following circumstances:

    • The  appropriate exploitation of the protected variety is not being carried out.
    • During exceptional circumstances wherein National security and Public interest are concerned.ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Bolivia, can assist you comprehensively with PBR Compulsory Licence matters.
• Cost of Registration in BOLIVIA

  • Please write a mail for cost of registration of Plant Variety Protection in Bolivia to the mail address given below:

    contact@paritypatent.com