COUNTRY : PLURINATIONAL STATE OF BOLIVIA
CAPITAL : LA PAZ
LANGUAGE : SPANISH
INTERNATIONAL TREATIES TO WHICH BOLIVIA 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 Bolivia are protected by:
- Plant Breeders Rights Act
- Seeds Law – 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:
- Designated by proper denominations
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS:
Protection accorded by PBR:
- Essentially Derived Varieties
- 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:
- 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 denominations
- 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:
- Breeders & Discoverers of the new variety
- Heirs and Successors – in – title
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
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.
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:
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.