COUNTRY : REPUBLIC OF CHILE
CAPITAL : SANTIAGO
LANGUAGE : SPANISH
INTERNATIONAL TREATIES TO WHICH CHILE 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 Chile 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:
- 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 denominationsParityPatents Law Firms through its Attorney and Law Firms in Chile 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 along with his representative if applicable
- name of the variety
- characteristics of the variety along with genus and species
- place and year when the variety was released to the market
- records and documents proving the botanical, morphological and physiological differentials of the applied variety from existing varieties
- a generic designation to be proposed by the breeder for the variety
- previous registrations of the variety abroad if any
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
Owners of the registered plant variety may carry out the following:
- Production of propagating material of the protected variety
- Sale, Offer an Exposure for sale of the protected plant variety • Market, Import and Export the variety • Use the variety towards commercial production of another new variety by way of repeated use of the new variety • Use of ornamental plants or parts of the plant variety for purposes other than propagation • Production of ornamental plants or cut flowers • The Breeders Rights would be transferable, transmissible and marketable
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
Duration of Registration:
- 18 yrs. – Vines, fruit bearing trees, forest trees including their grafts
- 15 yrs. – All other varieties
- 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 is published in the gazette.
- Interested third parties may file objections to the application within stipulated period 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.
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 Chile, can assist you comprehensively with PBR Compulsory Licence matters.