COLOMBIA

• INTERNATIONAL TREATIES TO WHICH COLOMBIA IS SIGNATORY

  • International Treaties to which Colombia 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 Liability and Redress. Colombia is not a member for Access and Benefit Sharing.
    6. SANITARY & PHYTOSANITARY MEASURES, TECHNICAL BARRIERS to TRADE AGREEMENT – TBT & SPS
    7. INTERNATIONAL UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS – UPOV.

     

    Colombia is not a member of Nagoya Protocol for Access and Benefit Sharing.

• PLANT BREEDERS RIGHTS LEGISLATION

  • Plant Breeders Rights in Colombia are protected by:

    • Plant Breeders Rights Act
    • Seeds Law
    • Seed Certification Rules
• 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:

    • 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
  • 1. Breeders & Discoverers of the new variety
    2. Employers
    3. Heirs and Successors – in – title
• FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT COLOMBIA

  • 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
• 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:

    1. 20 yrs. – Vines, fruit bearing trees, forest trees including their grafts
    2. 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.

• Cost of Registration in COLOMBIA

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

    contact@paritypatent.com