COUNTRY : REPUBLIC OF CLOMBIA
CAPITAL : BAGOTA
LANGUAGE : SPANISH
INTERNATIONAL TREATIES TO WHICH COLOMBIA 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 Colombia are protected by:
- Plant Breeders Rights Act
- Seeds Law
- Seed Certification Rules
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.
- Denomination does not allow the variety to be identified.
- Denomination misleads or confuses the characters, value, identity of the variety and the identity of the breeder.ParityPatents Law Firms through its Attorney and Law Firms in Colombia 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, 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.
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.
- 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
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
Duration of Registration:
- 20 yrs. – Vines, fruit bearing trees, forest trees including their grafts
- 15 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 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 Colombia, can assist you comprehensively with PBR Compulsory Licence matters.